When you have the Right of Abode UK, you are exempt from the UK’s immigration restrictions. An immigrant having the right of abode is not subject to immigration rules while they are in the UK for business, pleasure, or residence. The United Kingdom does not require a visa for a person with the right of abode, and there are no restrictions on their stay in the country.
If you have any more questions about how to immigrate to the UK speak with our reputable immigration solicitors immediately. You can contact us online or by calling Rees Clayton Immigration solicitors at 02033939272 for the right of abode guidance.
With the right of abode, you are able to live and work in the UK without requiring a visa and without being restricted in how long you can stay there. The British Nationality Act 1948 established the right of abode.
Individuals with the right of residence in the UK may enjoy rights and benefits such as the unrestricted right to come, work, study, and live there. They can also apply through the Swiss, UK, and EEA immigration systems. In the UK, they may also be eligible to qualify for social security and welfare payments, as well as the ability to vote and stand for public office.
If any of the following describes you, you may obtain the right of abode through your parents:
It is crucial to remember that the right of abode may be restricted, withdrawn, or taken away if:
Even if someone has a right of abode, the UK Right of Abode may still subject them to verification procedures to ensure that they have the right to be in the country.
This phrase “UK and Colonies” means both the United Kingdom and the countries that were formerly colonised by Britain. People were primarily known as “citizens of the UK and Colonies” from 1 January 1949 to 31 December 1982 when they were citizens of the UK and its colonies. According to the British Nationality Act 1981, all citizens of the UK and its colonies who had the right to reside on December 31, 1982, automatically became citizens of the United Kingdom. A document titled “Nationality Instructions (UK and Colonies)” was published on 17 December 2007 by UK Visas and Immigration Guidance. It identifies the countries that have been deemed part of the “UK and Colonies” at different points in time.
On the GOV.UK website, the Home Office has posted a flowchart that will assist individuals in determining if a person was a citizen of the UK or the Colonies on 31 December 1982 and possessed the right of abode. You can use this to find out if your biological parent, adoptive parent, or spouse had the right to reside in the country on December 31, 1982. For individuals who were citizens of the UK and its colonies on 31 December 1982, the right of abode in the UK was already conferred upon them, making them British citizens.
As a matter of fact, few Commonwealth nationals will be able to claim the right of residence in the UK because of the strict requirements that one parent must have been born in the UK or be a citizen of the United Kingdom and Colonies. In light of this, and as elaborated in the Windrush Lessons Learnt Review, Independent Review by Wendy Williams, published on 19 March 2020, it is more probable that individuals from “old” Commonwealth countries like Canada or New Zealand will fulfil the right of abode requirements than those from “new” Commonwealth countries.
Some members of the Windrush generation may be eligible for the right to remain in the United Kingdom if they satisfy certain conditions. Nevertheless, a distinct application procedure called the “Windrush scheme” is in place by the UK government for these people. Instead of requesting a certificate of entitlement to demonstrate your right of abode in the UK, which is explained more in detail below, the government recommends that eligible individuals apply for the Windrush Scheme.
The British Nationality Act of 1981 includes a list of Commonwealth countries in Schedule 3. Individuals from Commonwealth countries that were not members of the Commonwealth on 31 December 1982 or that left the Commonwealth after that date will not have the right of abode, regardless of whether they fulfil the other criteria for the right of abode mentioned earlier. This applies even if the Commonwealth country is currently listed in Schedule 3 of the British Nationality Act 1981.
For instance, even though South Africa and Pakistan are both Commonwealth member states, their respective exits from the organization in 1961 and 1972 meant that their subsequent reunions in 1989 and 1994 did not give rise to any new claims to the right of abode in the UK. So, unless they are British citizens or citizens of another qualifying Commonwealth country, citizens of Pakistan and South Africa cannot have the right of abode in the UK just because they belong to a Commonwealth member.
But there are a few exceptions. For instance, even though Zimbabwe and The Gambia both left the Commonwealth in 2013 and 2003, respectively, they are nevertheless considered Commonwealth nations for nationality reasons under Schedule 3 of the British Nationality Act 1981. As a result, Commonwealth citizens of Zimbabwe and The Gambia can still have the right of abode in the UK, provided they meet the other criteria for the right of abode noted before.
You can prove your right to residence in the UK by showing your British passport, which states that you are a British citizen.
There are two additional methods to demonstrate the right of abode in the UK, as confirmed in the Home Office’s Guidance titled “Nationality: right of abode,” Version 5.0, which was issued on 27 November 2019:
If you or your family moved to the UK by December 31, 2020, you are eligible to apply for the free EU Settlement Scheme. Although most applicants had to submit their applications by June 30, 2021, you could still be allowed to do so if:
Irish citizens are not required to apply for visas or to the EU Settlement Scheme.
In some cases, the right of abode can be obtained by marriage. If you are a female Commonwealth citizen who married a person who had the right of residence before January 1, 1983, and you continued to be a Commonwealth citizen after December 31, 1982, you are eligible to obtain the right of abode.
Even if you don’t meet the above requirements, you may still be granted the right of residence if you entered the country before August 1, 1988, while still married, and have remained in the country continuously since then.
It is unlikely that the right of abode will be granted if the individual’s spouse already has a surviving wife or widow in the UK, or if the spouse has been residing in the UK since the marriage.
A Certificate of Entitlement, attached to your passport, confirms your right to live in the UK. If you do not have a British passport to prove your British citizenship and right of abode, you will need to apply for a Certificate of Eligibility for work and immigration purposes.
To obtain a Certificate of Entitlement, visit the Gov.UK website and complete the application using Form ROA. This form is available only to applicants within the UK. If you are applying from outside the UK, an online version of the form will be available for you to complete.
The following documents are required to be submitted with your application for a certificate of entitlement, as stated in the Home Office Guidance titled “Right of Abode (RoA) – Applying for a certificate of entitlement to the right of abode” (March 2019):
In the United Kingdom, the Channel Islands, and the Isle of Man, the application fee for a certificate of entitlement is £550. Applying for an entitlement certificate from outside the UK or a British foreign territory will cost £550.
The Home Office has not specified a timeline for the processing of certificate of entitlement applications submitted from inside the UK.
You can expect to hear back about your certificate of entitlement application three weeks after your appointment at the visa application centre, according to UK Visas and Immigration Guidance titled “Visa decision waiting times: applications outside the UK” published on 10 December 2019.
Documents required for UK right of Adobe approval include:
As a British citizen, you must show proof of your status in the form of your British passport. Additional ways of showing your right to reside in the UK include:
Once your UK right of abode application is approved, the certificate of entitlement will be added to your travel document or passport. Both the certificate of entitlement and the right of residence are lifelong. With the right of abode, you are free to live and work in the UK without immigration restrictions. You will not need a visa to enter the UK, and your stay will be unrestricted.
The Home Secretary has the authority to revoke a non-British citizen’s right of abode without prior notice, although there are limited circumstances in which you can appeal this decision. Upon entering the UK, you may be asked to present your passport as proof of your right of abode. If you are unable to provide this, you will be denied entry to the UK.
If you intend to apply for the right of abode in the UK, it is essential that you consult with professionals. With the assistance of our immigration solicitors, you can avoid unnecessary setbacks and have any problems with your application handled quickly.
The process of acquiring the right of residence may appear simple to some, while others may find it challenging to gather the required paperwork and fulfil visa criteria.
The experts at Rees Clayton have been working in this field for a long time. They have successfully helped many people deal with immigration problems. With Rees Clayton solicitors, you can submit your right of abode application with ease, avoiding the typical problems that applicants encounter when applying on their own.
A person not having the right of abode can only reside in the country and enter and exit with permission. The right of abode legislation allows non-citizens to seek permission to reside, work, and settle in the United Kingdom.
Having established status does not grant one the right to live in the United Kingdom. The terms “settled status” and “pre-settled status” have been used in place of “leave” ever since the EU settlement plan was introduced. Limited leave to remain is also referred to as “settled status.”
The right to reside in the UK is distinct from citizenship. Some Commonwealth residents who held the right of abode were not granted British citizenship due to specific laws governing the right of abode.
To have your eligibility certificate renewed, you must submit a new application to the Home Office, UK High Commission, or Embassy. Regardless of whether a certificate was previously granted, you would still be required to produce proof to support your claim to right of abode.
Since 2008, the certificate must be endorsed in a current passport. The entitlement certificate remains valid as long as the passport is valid. Therefore, it is recommended to apply for a certificate of entitlement with a passport that has a long validity period.
After you apply online and mail in your supporting materials, you should hear back about your status within eight weeks.