What is the right of abode ?

Posted on August 13, 2010


How the UKBA is acting Unlawfully

What is the right of abode
The right of abode gives a person complete freedom from immigration control and permission

Does the right of abode expire when a passport expire
A person who has the right of abode does not lose their right of abode simply because their passport expires.

What does the certificate of entitlement to the right of abode state
“Valid for presentation at a United Kingdom Port within the validity of the passport”

Who has the right of abode
Under section 2(1)(b) of the 1971 Immigration Act a person who has one parent who is born in the UK and at the time of their birth was a Citizen of the United Kingdom and Colonies has a right of abode.

Civil Penalties apply only to those who are subject to immigration control

(1) It is contrary to this section to employ an adult subject to immigration control if—
(a) he has not been granted leave to enter or remain in the United Kingdom, or
(b) his leave to enter or remain in the United Kingdom—
(i) is invalid,
(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
(iii)is subject to a condition preventing him from accepting the employment.
As a person who has the right of abode is not subject to immigration control section 15 could not possibly apply to such persons.