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Right of Abode

What Does Right of Abode Mean?

The right of abode means that you are entirely free from United Kingdom Immigration Control. In other words, you do not need to get permission from an Immigration Officer to enter the UK and you can live and work in the UK without restriction.

Do You Have the Right of Abode?

All British citizens have the right of abode in the UK, along with certain other Commonwealth citizens, and citizens of certain other countries.

How to tell if you are a British citizen with the right of abode?

You will have become a British citizen on 1 January 1983 (the date on which the British Nationality Act 1981 came into force) and so will have the right of abode in the UK if, immediately before that date, any of the following applied to you.

• you were a citizen of the United Kingdom and Colonies and you have UK citizenship because you were born, adopted, naturalised or registered (with some exceptions) in the United Kingdom

• you were a citizen of the United Kingdom and Colonies and your parent (see note 3 below) was, at the time of your birth or legal adoption, a citizen of the United Kingdom and Colonies by being born, adopted, naturalised or registered in the United Kingdom

• you were a citizen of the United Kingdom and Colonies and your parent qualified for the right of abode under 2 above

• you were a citizen of the United Kingdom and Colonies at any time before 1 January 1983, and had been living in the UK for five continuous years or more without a break. During that period, you met all the terms of the immigration laws and, at the end of that period, you did not have any time limit on your stay

• you were a citizen of the United Kingdom and Colonies and were then, or had previously been, the wife of a man with the right of abode in the United Kingdom.

You will also be a British citizen if:

• you were born in the United Kingdom after 31 December 1982 and one of your parents was then a British citizen or legally settled in the United Kingdom

• you were born outside the United Kingdom after 31 December 1982 and at the time of your birth one parent was a British citizen other than by descent (for example, by naturalisation, registration or birth), or

• you were registered or naturalised as a British citizen after 31 December 1982.

How to tell if you are a Commonwealth citizen with the right of abode?

You will have the right of abode as a Commonwealth citizen if you have been a citizen of a Commonwealth country up to 1 January 1983 and, immediately before that date:

• 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 their citizenship by being born in the United Kingdom, or

• you were a Commonwealth citizen and are, or were, the wife of a man with the right of abode in the United Kingdom.

Note: Pakistan and South Africa were not part of the Commonwealth before 1 January 1983 and their citizens have no right of abode under this provision.