Right of Abode
This information explains what the Immigration Directions say about the right of abode. Whilst it is only a guide, the information aims to answer the questions which are most likely to arise.
If you need more information about an immigration matter please contact us at the Customs & Immigration Service
When you contact us please provide the following:
What does right of abode mean ?
The right of abode means that you are entirely free from United Kingdom immigration control: you do not need to obtain the permission of an Immigration Officer to enter the United Kingdom and you may live and work without restriction. (In this leaflet the term "United Kingdom" covers Great Britain, Northern Ireland, the Channel Islands & the Isle of Man.)
Who has the right of abode ?
Under Section 2 of the Immigration Act 1971 as amended by the British Nationality Act 1981 all British citizens and certain Commonwealth citizens have the right of abode in the United Kingdom.
How do I know if I am a British citizen with the right of abode ?
You will have become a British citizen on 1 January 1983 (when the British Nationality Act 1981 came into force) and will therefore have the right of abode in the United Kingdom if immediately before that date:
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you were a citizen of the United Kingdom and Colonies and had that citizenship by your birth, adoption, naturalisation or registration in the United Kingdom; or
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you were a citizen of the United Kingdom and Colonies with a parent who at the time of your birth or legal adoption was a citizen of the United Kingdom and Colonies and either that parent had his citizenship by being born, adopted, naturalised or registered in the United Kingdom or that parent’s parent was a citizen of the United Kingdom and Colonies at the time of you parent’s birth or legal adoption or by being born, adopted, naturalised or registered in the United Kingdom; or
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you were a citizen of the United Kingdom and Colonies who had been ordinarily resident in the United Kingdom for a continuous period of 5 years or more and during that period you were not in breach of the immigration laws and at the end of that period you did not have any time limit attached to your stay; or
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you were a citizen of the United Kingdom and Colonies and were then, or had primarily been, the wife of a man with the right of abode.
You will be British if:
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you were born in the United Kingdom after 1 January 1983 and one of your parents is a British citizen or lawfully settled in the United Kingdom; or
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you were born outside the United Kingdom after 1 January 1983 and at the time of your birth one of your parents was a British Citizen otherwise than by descent; or
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you were registered or naturalised as a British citizen after 1 January 1983.
Parent includes the mother but not the father of an illegitimate child.
How do I know if I am a Commonwealth citizen with the right of abode ?
You will have the right of abode as a Commonwealth citizen if immediately before 1 January 1983:
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you were a Commonwealth citizen with a parent who at the time of your birth or legal adoption was a citizen of the United Kingdom and Colonies and had his/her citizenship by being born in the United Kingdom; or
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you were a Commonwealth citizen and married to a man with the right of abode.
How do I prove that I have the right of abode ?
You must prove your claim by production of either;
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a United Kingdom passport describing you as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode; or
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a certificate of entitlement certifying that you have the right of abode
Where do I apply for British citizenship ?
You can apply for and obtain further information about British citizenship from the Customs & Immigration Service at the address shown on this leaflet.
Where do I apply for a United Kingdom passport ?
You can obtain further information about this from the Customs & Immigration Service at the address shown on this leaflet.
How do I apply for a certificate of entitlement ?
If you are in Jersey you should obtain an application form from the Customs & Immigration Service, complete it and return it us. You will also need to produce your passport.
Applicants living abroad should apply to the nearest British Embassy, High Commission or other British Diplomatic Mission (collectively known as British Diplomatic Posts) designated to issue certificates of entitlement.
Advice as to which British Diplomatic Posts are designated for this purpose may be obtained from any British Diplomatic Post abroad.
