What is the right of abode?

The right of abode is a legal status that allows a person to live and work in the UK without any immigration restrictions. The person does not need a visa and there is no limit on how long they can stay. All British citizens have it automatically, and some Commonwealth citizens also have it.

How the right of abode works

Having the right of abode means you are allowed to live or work in the UK without any immigration restrictions. You do not need a visa or an electronic travel authorisation to come to the UK, and there is no limit on the time you can spend here.^{[1]Home Office, Prove you have right of abode in the UK: Overview}

The right comes from law. Section 1(1) of the Immigration Act 1971 gives people with the right of abode complete exemption from UK immigration control, subject to proof of that right at the border. Section 2 of the Act sets out who has it.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

Home Office guidance makes a point that surprises many people. The right of abode is a statutory right that a person either has or does not have. A passport or a certificate cannot give it to someone who does not already qualify under the Act.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

Who has the right of abode

All British citizens automatically have the right of abode in the UK. Some Commonwealth citizens may also have it.^{[1]Home Office, Prove you have right of abode in the UK: Overview}

The only way to acquire the right of abode since 1 January 1983 is by becoming a British citizen.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)} Before that date, the right was held by certain citizens of the UK and Colonies and certain Commonwealth citizens with a close connection to the UK.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

These are the conditions on GOV.UK. It adds that not stopping being a Commonwealth citizen applies even to a temporary break.^{[2]Home Office, Prove you have right of abode in the UK: Commonwealth citizens} The guidance explains the effect. People whose country left the Commonwealth lost the right of abode. Pakistan and South Africa were readmitted in 1989 and 1994, but that did not revive it. The Gambia and Maldives were also removed from the list and later returned, and the guidance says their nationals cannot have the right of abode on that basis unless they also have British citizenship or Commonwealth citizenship through another country.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

If you came to the UK from a Commonwealth country as part of the Windrush generation, GOV.UK says there is a different way to prove your right to live in the UK.^{[2]Home Office, Prove you have right of abode in the UK: Commonwealth citizens} See Windrush and Commonwealth citizenship.

Proving the right of abode

Under section 3(9) of the Immigration Act 1971, a person claiming the right of abode to enter the UK must prove it by presenting one of three things:^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

• a UK passport describing the person as a British citizen
• a UK passport describing the person as a British subject with the right of abode in the UK
• a certificate of entitlement

If you do not have one of the two passports, you need to apply for a certificate of entitlement.^{[1]Home Office, Prove you have right of abode in the UK: Overview} A person with the right of abode should not be given leave under the Immigration Rules. Guidance says they should be advised to apply for a certificate of entitlement instead.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

Losing the right of abode

A British citizen who renounces citizenship immediately loses the right of abode, unless they continue to qualify as a Commonwealth citizen under section 2(1)(b) of the Act. See renunciation of citizenship.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

A person who is deprived of British citizenship will not have the right of abode on the basis of that citizenship. Under section 2A of the Immigration Act 1971, someone who holds the right of abode as a Commonwealth citizen can be deprived of it if the Secretary of State considers it conducive to the public good that the person be excluded or removed from the UK.^{[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

Example

Delroy is a Jamaican citizen and has lived in Jamaica all his life. His father was born in the UK and was a citizen of the UK and Colonies when Delroy was born. Delroy has been a Commonwealth citizen since before 31 December 1982 and has never stopped being one.

If those facts are correct, he meets the three conditions that GOV.UK sets out for the parent route. He has the right of abode. He now needs to prove it. He does not hold a British passport, so he applies for a certificate of entitlement.

What people get wrong

People often think that living in the UK for many years, or holding a passport or other document, gives the right of abode. It does not. The right of abode is a statutory right that a person either has or does not have. Since 1 January 1983 the only way to acquire it is by becoming a British citizen.

The second mistake concerns the Commonwealth routes. They depend on a continuous link. If a person stopped being a Commonwealth citizen at any time after 31 December 1982, even briefly, the route is closed.^{[2]Home Office, Prove you have right of abode in the UK: Commonwealth citizens[3]UK Visas and Immigration, Right of abode: caseworker guidance (accessible)}

The bottom line

The right of abode frees a person from UK immigration control, with no visa and no time limit. British citizens have it automatically. A small group of Commonwealth citizens keep it through a parent or a pre-1983 marriage, if they have never stopped being Commonwealth citizens. Everyone else who is not a British citizen must rely on a visa. If you have the right of abode and no British passport, the way to prove it is a certificate of entitlement.