Right of Abode (United Kingdom)
Encyclopedia
The right of abode is a status under United Kingdom
immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971
.
For this purpose, the UK includes the Republic of Ireland prior to 1 April 1922.
No person born in 1983 or later can have the right of abode unless he or she is a British citizen.
It is essential that the person concerned should have held Commonwealth citizenship or British subject status on 31 December 1982 and has not ceased to be a Commonwealth citizen (even temporarily) after that date. For this reason, citizens of Pakistan
and South Africa
are generally not entitled to the right of abode in the UK as these countries were not Commonwealth members on 1 January 1983. Citizens of Fiji and Zimbabwe are still considered to be Commonwealth citizens (for nationality purposes) even after the two countries' withdrawal from the Commonwealth because the UK has not amended Schedule 3 to the British Nationality Act 1981.
A woman claiming the right of abode through marriage will cease to qualify if another living wife or widow of the same man:
However, this restriction does not apply to a woman who:
An individual who has the right of abode in the UK but who does not have a UK passport describing him/her as a British citizen
or a British subject
with the right of abode can apply for a certificate of entitlement to be affixed inside his/her passport or other travel document.
For example, a US citizen who has naturalised as a British citizen can apply for a certificate of entitlement to be affixed inside her US passport to prove that she is free from immigration restrictions in the UK, rather than obtaining a British passport. A British Overseas Territories Citizen
from the British Virgin Islands
who is also a British citizen
can apply for a certificate of entitlement to be affixed inside her British Virgin Islands passport
to prove that she is free from immigration restrictions in the UK, rather than obtaining a British citizen passport
.
A dual British
and US citizen travelling merely on a US passport affixed with a UK certificate of entitlement may enjoy fewer visa exemptions than if she were to travel on British and US passports. For example, when visiting other member states of the European Union, she would only be able to stay for a maximum of 90 days within a 180 day period, even though she is a British (and hence European Union) citizen, because in most normal circumstances she would be required to have a valid British citizen passport in order to benefit from freedom of movement provisions (although, in exceptional and compassionate circumstances, she may be able to prove that she is an EU citizen even without a valid British citizen passport through other means).
A certificate of entitlement costs £162 when issued in the UK and £265 when issued outside the UK. This is considerably more expensive than obtaining a British passport (£77.50 for a 10 year adult passport, £49 for a 5 year child passport and free for a 10 year passport for those born on or before 2 September 1929 when issued inside the UK; £128 for a 10 year adult passport, £81.50 for a 5 year child passport and free for a 10 year passport for those born on or before 2 September 1929 when issued outside the UK).
In addition, those with the right of abode who are not yet British citizens may apply for British citizenship
by naturalisation (or registration for other categories of British nationals) after meeting the normal residence and other requirements. Children born in the United Kingdom, British Crown Dependencies and British Overseas Territories
to those with right of abode in the UK will normally be British citizens by birth automatically.
provisions between Ireland
and the United Kingdom
, Irish citizens
have a de-facto right of abode in the United Kingdom. However, with the exception of those Irish persons born before 1949 who have reclaimed British subject status, the entitlement to reside in the United Kingdom is not unconditional, and Irish citizens (who are not also British citizens) are subject to removal and deportation from the UK.
Those EU/EEA/Swiss nationals who will be treated as permanent residents of the UK include:
These persons remain liable to deportation on public security grounds.
is a form of UK permanent residence that can be held by non-EU/EEA/Swiss citizens, but it does not confer a right of abode.
in that territory.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
.
British citizens
All British citizens have the right of abode in the United Kingdom.Commonwealth citizens and British subjects
The right of abode in the UK is also conferred on those who on 31 December 1982:- was a CommonwealthCommonwealth of NationsThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
citizen and/or a British subjectBritish subjectIn British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
; and - had a parent who, at the time of their birth or legal adoption, was a citizen of the United Kingdom and Colonies because they were born in the UK; or
- a female Commonwealth citizen and/or British subject who was, or had been, married to a man who had the right of abode
For this purpose, the UK includes the Republic of Ireland prior to 1 April 1922.
No person born in 1983 or later can have the right of abode unless he or she is a British citizen.
It is essential that the person concerned should have held Commonwealth citizenship or British subject status on 31 December 1982 and has not ceased to be a Commonwealth citizen (even temporarily) after that date. For this reason, citizens of Pakistan
Pakistani nationality law
The Pakistani nationality law governs citizenship of the Islamic Republic of Pakistan. The principal legislation determining nationality, the Pakistan Citizenship Act was passed by the Constituent Assembly of Pakistan on 13 April, 1951.-Citizenship:...
and South Africa
South African nationality law
South Africa rewrote its nationality law since the end of Apartheid in 1994 and the establishment of majority rule in the country under the African National Congress...
are generally not entitled to the right of abode in the UK as these countries were not Commonwealth members on 1 January 1983. Citizens of Fiji and Zimbabwe are still considered to be Commonwealth citizens (for nationality purposes) even after the two countries' withdrawal from the Commonwealth because the UK has not amended Schedule 3 to the British Nationality Act 1981.
A woman claiming the right of abode through marriage will cease to qualify if another living wife or widow of the same man:
- is (or has been at any time since her marriage) in the UK, unless she entered the UK illegally, as a visitor, or with temporary permission to stay; or
- has been given a certificate of entitlement to right of abode or permission to enter the country because of her marriage.
However, this restriction does not apply to a woman who:
- entered the UK as a wife before 1 August 1988, even if other wives of the same man are in the UK; or
- who has been in the UK at any time since her marriage, and at that time was that man's only wife to have entered the UK or to have been given permission to do so.
Multiple claims
An individual may be able to claim the right of abode in the United Kingdom through more than one route. For example, a woman who was a New Zealand citizen and married to a British citizen on 31 December 1982, and who subsequently moves to the UK with her husband and naturalises as British citizen can claim the right of abode in the UK both through her British citizenship and through her status as a Commonwealth citizen who was married to a British citizen on 31 December 1982. Therefore, if she were to renounce her British citizenship, she would still be allowed to stay in the UK free from any immigration restrictions. However, if she were to renounce her New Zealand citizenship, she would permanently lose her ability to claim a right of abode through her Commonwealth citizenship and marriage to a British citizen on 31 December 1982, and would only be able to claim a right of abode through her British citizenship.Proof of the right of abode
The only legally recognised documents proving an individual's right of abode in the UK are the following:- a UK passport describing the holder as a British citizen or a British subject with the right of abode
- a certificate of entitlement to the right of abode in the UK, which has been issued by the UK government or on its behalf
An individual who has the right of abode in the UK but who does not have a UK passport describing him/her as a British citizen
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
or a British subject
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
with the right of abode can apply for a certificate of entitlement to be affixed inside his/her passport or other travel document.
For example, a US citizen who has naturalised as a British citizen can apply for a certificate of entitlement to be affixed inside her US passport to prove that she is free from immigration restrictions in the UK, rather than obtaining a British passport. A British Overseas Territories Citizen
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
from the British Virgin Islands
British Virgin Islands
The Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
who is also a British citizen
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
can apply for a certificate of entitlement to be affixed inside her British Virgin Islands passport
British Virgin Islands passport
The British Virgin Islands passport is a British passport issued to British Overseas Territories citizens with a connection to the British Virgin Islands by the Deputy Governor's Office.-Physical appearance:...
to prove that she is free from immigration restrictions in the UK, rather than obtaining a British citizen passport
British passport
British passports may be issued to people holding any of the various forms of British nationality, and are used as evidence of the bearer's nationality and immigration status within the United Kingdom or the issuing state/territory.-Issuing:...
.
A dual British
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
and US citizen travelling merely on a US passport affixed with a UK certificate of entitlement may enjoy fewer visa exemptions than if she were to travel on British and US passports. For example, when visiting other member states of the European Union, she would only be able to stay for a maximum of 90 days within a 180 day period, even though she is a British (and hence European Union) citizen, because in most normal circumstances she would be required to have a valid British citizen passport in order to benefit from freedom of movement provisions (although, in exceptional and compassionate circumstances, she may be able to prove that she is an EU citizen even without a valid British citizen passport through other means).
A certificate of entitlement costs £162 when issued in the UK and £265 when issued outside the UK. This is considerably more expensive than obtaining a British passport (£77.50 for a 10 year adult passport, £49 for a 5 year child passport and free for a 10 year passport for those born on or before 2 September 1929 when issued inside the UK; £128 for a 10 year adult passport, £81.50 for a 5 year child passport and free for a 10 year passport for those born on or before 2 September 1929 when issued outside the UK).
Rights and privileges of the right of abode
All individuals who have the right of abode in the United Kingdom (regardless of whether they are a British citizen, British subject or Commonwealth citizen) enjoy the following rights and privileges:- an unconditional right to live, work and study in the United Kingdom
- an entitlement to use the British/EEA immigration channel at United Kingdom ports of entry
- an entitlement to apply for United Kingdom social security and welfare benefits (although those with indefinite leave to enter may also apply)
- a right to vote and to stand for public office in the United Kingdom (since everyone with the right of abode is a Commonwealth citizenCommonwealth citizenA Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
; these rights are conditional upon living in the United Kingdom).
In addition, those with the right of abode who are not yet British citizens may apply for British citizenship
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
by naturalisation (or registration for other categories of British nationals) after meeting the normal residence and other requirements. Children born in the United Kingdom, British Crown Dependencies and British Overseas Territories
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
to those with right of abode in the UK will normally be British citizens by birth automatically.
Other United Kingdom immigration concessions
United Kingdom immigration laws allow settlement to other categories of persons; however, although similar in practice these do not constitute a formal right of abode and the full privileges of the right of abode are not necessarily available:Irish citizens and the Common Travel Area
Because of the Common Travel AreaCommon Travel Area
The Common Travel Area is a passport-free zone that comprises the islands of Ireland, Great Britain, the Isle of Man and the Channel Islands. The area's internal borders are subject to minimal or non-existent border controls and can normally be crossed by Irish and British citizens with only...
provisions between Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Irish citizens
Irish nationality law
Irish nationality law is the law of the Republic of Ireland governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship...
have a de-facto right of abode in the United Kingdom. However, with the exception of those Irish persons born before 1949 who have reclaimed British subject status, the entitlement to reside in the United Kingdom is not unconditional, and Irish citizens (who are not also British citizens) are subject to removal and deportation from the UK.
EEA and Swiss nationals in the UK
In the Immigration (European Economic Area) Regulations 2000, the United Kingdom declared that most citizens of EEA member states and their family members should be treated as having only a conditional right to reside in the UK. This has implications should such a person wish to remain permanently in the United Kingdom after ceasing employment, claim social assistance, apply for naturalisation or acquire British citizenship for a UK-born child.Those EU/EEA/Swiss nationals who will be treated as permanent residents of the UK include:
- certain persons who have retired from employment or self-employment in the UK and their family members
- those who have been granted permanent residence status
- Irish citizens (because of the Common Travel Area provisions)
These persons remain liable to deportation on public security grounds.
Indefinite leave to remain
Indefinite leave to remainIndefinite leave to remain
Indefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
is a form of UK permanent residence that can be held by non-EU/EEA/Swiss citizens, but it does not confer a right of abode.
British Overseas Territories
All British overseas territories operate their own immigration controls, which apply to British citizens as well as to those from other countries. These territories generally have local immigration laws regulating who has belonger statusBelonger status
Belonger status is a legal classification normally associated with British overseas territories. It refers to people who have close ties to a specific territory, normally by birth and/or ancestry...
in that territory.
See also
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
- Common Travel AreaCommon Travel AreaThe Common Travel Area is a passport-free zone that comprises the islands of Ireland, Great Britain, the Isle of Man and the Channel Islands. The area's internal borders are subject to minimal or non-existent border controls and can normally be crossed by Irish and British citizens with only...
- Commonwealth citizenCommonwealth citizenA Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- Indefinite leave to remainIndefinite leave to remainIndefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
- Right of abodeRight of abodeThe right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....