Right of abode
Encyclopedia
The 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.
Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. Those with permanent residency
of the country generally have a de-facto right of residence but it can be revoked in certain circumstances, for example for being convicted of crimes.
(the European Union
plus Iceland
, Liechtenstein
, and Norway
) and Switzerland enjoy the freedom to travel and work in any European Union country without a work permit or visa, although transitory dispositions may restrict the rights of citizens of new member states to work in other countries. This is defined by the Directive 2004/38/EC on the right to move and reside freely
.
However rights to reside in another EU/EEA state are not absolute. In particular they can be refused to those who depend on social assistance, and those who commit crimes may be deported.
) do not implement border controls between each other, unless exceptional circumstances apply. The EEA countries (with the exception of the UK and Ireland) and Switzerland have signed the Schengen treaty. Several of the new member states have not yet fully implemented it.
As a consequence of this, for instance, a French citizen may travel to the United Kingdom
, another EEA member state, and then freely live and work in that country. But since the UK has not signed the Schengen treaty, he can be required to present a passport or ID card when entering the UK. This requirement applies similarly to British citizens migrating to France. On the other hand, when Switzerland applies the Schengen treaty, the French citizen will be able to travel to Switzerland without being stopped at the border.
That said, a few European countries require all persons to carry an identity card or passport and proof of nationality is normally required to take up residence in any member state. Thus, while the Schengen Treaty facilitates the movement of persons across frontiers, it makes no substantive difference to residence rights.
gives Nordic citizens the right of abode in other Nordic countries.http://untreaty.un.org/unts/1_60000/5/32/00009566.pdf
. In addition, right of abode is conferred on certain Commonwealth citizen
s and British subject
s born before 1983. This is because if a person has a British mother and is born before 1983 under section 2(1)(b) of the 1971 Immigration Act they are considered to have the same rights as a British citizen. The right of abode is conferred automatically on such persons and they are issued a certificate on their passport in order to enter any United Kingdom Port.
New laws in 2009 now allow children who have the right of abode through their mothers to register as British by descent.
Irish citizens
are given similar rights in the United Kingdom, but they do not formally have right of abode, and there are circumstances in which an Irish citizen can be deported from or denied entry to the United Kingdom.
Indefinite leave to remain
and the right of residence given to citizens of European Economic Area
nations and Switzerland
do not constitute a formal right of abode in the United Kingdom.
in that territory.
Country
A country is a region legally identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with a previously...
. 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.
Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. Those with permanent residency
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
of the country generally have a de-facto right of residence but it can be revoked in certain circumstances, for example for being convicted of crimes.
EU, EEA, and the Schengen treaty
Citizens of the European Economic AreaEuropean Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
plus Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, Liechtenstein
Liechtenstein
The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
, and Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
) and Switzerland enjoy the freedom to travel and work in any European Union country without a work permit or visa, although transitory dispositions may restrict the rights of citizens of new member states to work in other countries. This is defined by the Directive 2004/38/EC on the right to move and reside freely
Directive 2004/38/EC on the right to move and reside freely
The Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States...
.
However rights to reside in another EU/EEA state are not absolute. In particular they can be refused to those who depend on social assistance, and those who commit crimes may be deported.
Schengen Treaty
Countries that have signed and applied the Schengen treaty (a subset of the EEAEuropean Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
) do not implement border controls between each other, unless exceptional circumstances apply. The EEA countries (with the exception of the UK and Ireland) and Switzerland have signed the Schengen treaty. Several of the new member states have not yet fully implemented it.
As a consequence of this, for instance, a French citizen may travel to 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...
, another EEA member state, and then freely live and work in that country. But since the UK has not signed the Schengen treaty, he can be required to present a passport or ID card when entering the UK. This requirement applies similarly to British citizens migrating to France. On the other hand, when Switzerland applies the Schengen treaty, the French citizen will be able to travel to Switzerland without being stopped at the border.
That said, a few European countries require all persons to carry an identity card or passport and proof of nationality is normally required to take up residence in any member state. Thus, while the Schengen Treaty facilitates the movement of persons across frontiers, it makes no substantive difference to residence rights.
Nordic Passport Union
The Nordic Passport UnionNordic Passport Union
The Nordic Passport Union allows citizens of the Nordic countries: Denmark , Sweden, Norway, Finland, and Iceland to travel and reside in other Nordic countries without a passport or a residence permit.- Establishment :...
gives Nordic citizens the right of abode in other Nordic countries.http://untreaty.un.org/unts/1_60000/5/32/00009566.pdf
United Kingdom
All British citizens have right of abode in the United KingdomUnited 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...
. In addition, right of abode is conferred on certain Commonwealth citizen
Commonwealth citizen
A 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....
s and British subject
British subject
In 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 :...
s born before 1983. This is because if a person has a British mother and is born before 1983 under section 2(1)(b) of the 1971 Immigration Act they are considered to have the same rights as a British citizen. The right of abode is conferred automatically on such persons and they are issued a certificate on their passport in order to enter any United Kingdom Port.
New laws in 2009 now allow children who have the right of abode through their mothers to register as British by descent.
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...
are given similar rights in the United Kingdom, but they do not formally have right of abode, and there are circumstances in which an Irish citizen can be deported from or denied entry to the United Kingdom.
Indefinite leave to remain
Indefinite 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...
and the right of residence given to citizens of European Economic Area
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
nations and Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
do not constitute a formal right of abode in the United Kingdom.
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.
De facto right of abode
The immigration laws of some countries give a de facto right of abode to citizens of other specified countries.Full permanent resident
This includes cases where there is access to citizenship:- New Zealand grants Australian citizens full permanent resident rights in New Zealand.
- The United Kingdom and Republic of Ireland grant automatic permanent residency to each other's citizens.
- Full permanent residency rights exist between the countries of the Nordic CouncilNordic CouncilThe Nordic Council is a geo-political, inter-parliamentary forum for co-operation between the Nordic countries. It was established following World War II and its first concrete result was the introduction in 1952 of a common labour market and free movement across borders without passports for the...
(Norway, Sweden, Finland, Denmark and Iceland).
As long-term temporary residents
In these cases there is a right of residence but without access to full citizenship rights:- New Zealand citizens in Australia, but since 2001, Australia grants only limited rights.
- Citizens of EEAEuropean Economic AreaThe European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
member states and Switzerland living in each other's country (except the cases above).
See also
- Belonger statusBelonger statusBelonger 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...
- 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...
- Free movement of workers
- Permanent residencyPermanent residencyPermanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
- Schengen Treaty