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MOTE ON RIGHT OF ABODE IN THE UNITED KINGDOM AND RIGHT OF SETTLEMENT IN THE EUROPEAN COMMUNITY MEMBER STATES
EC Treaty Rights
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UK nationals are broadly defined for the purposes of European Community Law as:
i) ("full") British citizens
ii)
BDTCs whose citizenship derives from a connection with Gibraltar.
They are free to work in other EC countries under EC law.
Right of Abode in UK
A person having the right of abode in the UK is entirely free from immigration control. Thus he does not need to obtain the permission of an immigration officer to enter this country. All British citizens have the right of abode in the UK. Certain Commonwealth citizens and some British Subjects also have it by virtue of the Immigration Act 1971 (as amended) but
(as amended) but are not British Citizens.
Right of re-admission to the UK
The holders of UK passports endorsed thus are admitted to the UK without any restriction of time on their stay and are given indefinite leave to remain on arrival (ie settlement). They do however remain subject to immigration control and can be deported. Once they have completed 5 years' residence, they may apply for registration as a British Citizen under Section 4 of the British Nationality Act. Only as British Citizens do these people have right of free movement/settlement within the EC.
Hong Kong BDTCs who settle here would only obtain the EC rights once they became British Citizens (ie in essence after 5 years here). If they became British Citizens by any other means (ie civil servants under Section 4 (5) or others as a consequence of changes to the BNA if the current review of policy were to lead in that direction) they would also enjoy the EC rights by virtue of the status of British Citizens.