Right of abode

The right of abode refers to 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.

United Kingdom

British Citizens

All British citizens have the Right of Abode in the United Kingdom.

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Non-British Citizens with Right of Abode

Commonwealth Citizens and British Subjects

Right of Abode is also conferred on the following Commonwealth citizens and British subjects:

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• born before 1983 with a UK born mother
• adopted before 1983 by a UK born parent
• a woman married before 1983 to a man who had right of abode

For this purpose, the UK includes the Republic of Ireland prior to 1 April 1922.

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It is essential that the person concerned should have held Commonwealth citizenship or British subject status on 31 December 1982 and not ceased to be a Commonwealth citizen (even temporarily) after that date.

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No person born in 1983 or later can hold Right of Abode unless he or she is a British citizen.

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Citizens of South Africa and Pakistan

For this reason, citizens of South Africa and Pakistan are generally not entitled to Right of Abode as these countries were not Commonwealth members on 1 January 1983. Citizens of Zimbabwe were still considered Commonwealth citizens (for nationality purposes) after that country's withdrawal from the Commonwealth because the UK did not amend Schedule 3 to the British Nationality Act 1981.

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Privileges of Right of Abode

Right of Abode is evidenced by a stamp in the holder's passport and confers the following rights:

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• an unconditional right to live, work and study in the United Kingdom
• entitlement to use the British/EEA immigration channel at UK ports of entry.

Right of Abode holders may apply for British citizenship by naturalisation after meeting the normal residence requirements. Children born in the United Kingdom to Right of Abode holders will normally be British citizens by birth automatically.

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Irish Citizens and the Common Travel Area

Because of the Common Travel Area provisions between the Republic of Ireland and the United Kingdom, Irish citizens have a de-facto right of abode in the United Kingdom.

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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.

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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 only be treated as having a conditional right to reside in the UK.

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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.

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Those EU/EEA/Swiss nationals who will be treated as permanent residents of the UK include:

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• certain persons who have retired from employment or self-employment in the UK and their family members
• those who have been granted Indefinite Leave to Remain
• Irish citizens (because of the Common Travel Area provisions)

These persons remain liable to deportation on public security grounds.

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Home Office Policy Document on EEA and Swiss Nationals in the UK

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Indefinite Leave to Remain

Indefinite Leave to Remain is a form of UK permanent residence but does not confer a Right of Abode

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