SECRET
HK BDTC's. Leaving aside the Community law dimension, lawful residence in the UK can only be secured in one of two ways
(a)
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right of abode this is conferred by section 2 (1) of the 1971 Act on persons who are BC's (under Part I of the BNA) and certain Commonwealth citizens. It is not
conferred on BDTC's. A person who has the right of abode "shall be free to live in, and to come and go into and from,
from, the United Kingdom without let or hindrance" (section 1(1) of the 1981 Act). It is therefore an absolute right;
(b) leave to enter or remain
this is granted by an
immigration officer or the Secretary of State (see section 4(1) of the 1971 Act). The grounds of eligibility are set out in the Immigration Rules. Occasionally leave is granted "outside the Rules", ie under the Act but, as an act of discretion, to persons who do not qualify under the Immigration Rules. However, a person qualifies under the Immigration Rules does not have an absolute right to enter or remain. It is a qualified right because
Who
(i) Part IX of the Immigration Rules sets out general grounds for refusing leave (including medical grounds, criminal record, exclusion conducive to the public good);
(ii) there are general requirements (throughout the Immigration Rules) that persons granted leave to enter should maintain themselves and their dependants without recourse to public funds;
-10-
SECRET
290
a. biode
пл
Miles
100
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