Right of Abode UK Explained

The Right of Abode in the United Kingdom is a statutory status that removes an individual from immigration control entirely. A person with the Right of Abode may live and work in the UK without visas, time limits or conditions, and is exempt from the requirement to obtain leave to enter or remain under section 3 of the Immigration Act 1971. The status is held automatically by all British citizens and, in narrowly defined historic circumstances, by certain Commonwealth citizens.

Unlike immigration permissions such as Indefinite Leave to Remain (ILR) or Settled Status under the EU Settlement Scheme, the Right of Abode is not a grant that expires through absence or requires renewal. It arises by operation of law and continues unless brought to an end under specific statutory powers, including deprivation in limited cases for non-British Commonwealth citizens where deprivation is deemed conducive to the public good. However, entitlement must be proven through acceptable documentation such as a British passport or Certificate of Entitlement.

What this article is about: This guide explains the legal basis of the Right of Abode, who qualifies (British citizens and eligible Commonwealth citizens via historic parentage or pre-1983 marriage routes), how to evidence the status (British passport or Certificate of Entitlement), application routes and fees, refusal and reconsideration processes, revocation powers, and the distinct Windrush Scheme route for long-resident Commonwealth citizens.

Section A – Understanding the Right of Abode in the UK

The Right of Abode (ROA) is a statutory exemption from UK immigration control. A person who has ROA is free to live and work in the UK without visas, conditions or time limits and is exempt from the requirement to obtain leave to enter or remain under section 3 of the Immigration Act 1971. ROA arises by operation of law and cannot be conferred by Home Office discretion; passports and certificates merely evidence an existing entitlement.

1. Legal definition and statutory basis

Section 1(1) of the Immigration Act 1971 provides that those with ROA are free to live in, and to come and go from, the UK “without let or hindrance.” Section 2(1) sets out who has this right. ROA is therefore a legal status, not an immigration permission, and a person either has it or does not. It is not created by the issue of a British passport or a Certificate of Entitlement; those documents are evidence of the status only.

2. Who automatically has ROA

All British citizens have ROA. In addition, a narrowly defined group of Commonwealth citizens retain ROA under transitional provisions where they satisfied pre-1983 conditions and have remained Commonwealth citizens continuously since 31 December 1982. Other British national categories—such as British Overseas Territories citizens, British Overseas citizens, British Nationals (Overseas) and British Protected Persons—do not automatically have ROA unless they independently meet the historic Commonwealth criteria.

3. How ROA differs from ILR and Settled Status

ROA is distinct from immigration permissions that are sometimes described as “permanent”:

• Indefinite Leave to Remain (ILR): an immigration permission that can lapse after a prolonged absence from the UK (typically after more than two years) and may be revoked for specified reasons.
• Settled Status (EU Settlement Scheme): an indefinite permission that is lost after five consecutive years outside the UK.
• Right of Abode: a statutory right that does not lapse through absence and is not subject to immigration control, though it can be deprived in limited cases for non-British Commonwealth citizens where deprivation is conducive to the public good.

Section summary: ROA is a permanent legal entitlement, not an immigration permission. It is held by all British citizens and, in limited historic circumstances, by certain Commonwealth citizens who have maintained continuous Commonwealth citizenship since 31 December 1982.

Section A – Understanding the Right of Abode in the UK

The Right of Abode (ROA) is a statutory exemption from UK immigration control. A person who has ROA is free to live and work in the UK without visas, conditions or time limits and is exempt from the requirement to obtain leave to enter or remain under section 3 of the Immigration Act 1971. ROA arises by operation of law and cannot be conferred by Home Office discretion; passports and certificates merely evidence an existing entitlement.

1. Legal definition and statutory basis

Section 1(1) of the Immigration Act 1971 provides that those with ROA are free to live in, and to come and go from, the UK “without let or hindrance.” Section 2(1) sets out who has this right. ROA is therefore a legal status, not an immigration permission, and a person either has it or does not. It is not created by the issue of a British passport or a Certificate of Entitlement; those documents are evidence of the status only.

2. Who automatically has ROA

All British citizens have ROA. In addition, a narrowly defined group of Commonwealth citizens retain ROA under transitional provisions where they satisfied pre-1983 conditions and have remained Commonwealth citizens continuously since 31 December 1982. Other British national categories—such as British Overseas Territories citizens, British Overseas citizens, British Nationals (Overseas) and British Protected Persons—do not automatically have ROA unless they independently meet the historic Commonwealth criteria.

3. How ROA differs from ILR and Settled Status

ROA is distinct from immigration permissions that are sometimes described as “permanent”:

• Indefinite Leave to Remain (ILR): an immigration permission that can lapse after a prolonged absence from the UK (typically after more than two years) and may be revoked for specified reasons.
• Settled Status (EU Settlement Scheme): an indefinite permission that is lost after five consecutive years outside the UK.
• Right of Abode: a statutory right that does not lapse through absence and is not subject to immigration control, though it can be deprived in limited cases for non-British Commonwealth citizens where deprivation is conducive to the public good.

Section summary: ROA is a permanent legal entitlement, not an immigration permission. It is held by all British citizens and, in limited historic circumstances, by certain Commonwealth citizens who have maintained continuous Commonwealth citizenship since 31 December 1982.

Section B – Eligibility and Commonwealth Citizens

Eligibility for the Right of Abode extends beyond British citizens to a narrowly defined group of Commonwealth citizens who meet specific historic and statutory criteria. These conditions are set out in the Immigration Act 1971 and the British Nationality Act 1981, and they determine who continues to benefit from transitional provisions preserving this right.

1. Eligibility by parentage

You may have the Right of Abode through your parents if all of the following apply:

• One of your parents was born in the UK and was a Citizen of the United Kingdom and Colonies (CUKC) at the time of your birth or adoption.
• You were a Commonwealth citizen on 31 December 1982.
• You have not ceased to be a Commonwealth citizen at any point since that date.

For a person born outside the UK before 1 January 1983, having a UK-born parent who was a CUKC at that time could confer the Right of Abode. However, if that person later renounces or loses their Commonwealth citizenship, the entitlement automatically ceases. The British Nationality Act 1981 substantially redefined British nationality from 1 January 1983, and only those who met the transitional Commonwealth conditions continue to hold ROA today.

2. Eligibility by marriage (pre-1983 rule)

Before 1 January 1983, a female Commonwealth citizen could acquire the Right of Abode through marriage to a man who held that right. This route is no longer available to those marrying after 1 January 1983 but continues to protect women who qualified before the change in law. Male Commonwealth citizens cannot obtain ROA through marriage.

To qualify under this provision, all of the following must apply:

• You were married to a man with the Right of Abode before 1 January 1983.
• You were a Commonwealth citizen on 31 December 1982.
• You have not stopped being a Commonwealth citizen since that date.

This right is subject to restrictions in cases of polygamous marriage. If your husband has another living wife or widow in the UK, your entitlement may not be recognised unless you entered the UK before 1 August 1988, have remained here since, and were the only wife legally admitted or granted permission to enter or stay. These provisions prevent multiple spouses from claiming ROA through one individual while protecting those who qualified lawfully under earlier rules.

3. Defining “Commonwealth citizen”

A Commonwealth citizen is a person who is a national of one of the countries listed in Schedule 3 of the British Nationality Act 1981. The list includes countries such as Australia, Canada, India, Jamaica, and New Zealand. However, this list can change: if a country leaves the Commonwealth, its nationals immediately cease to be Commonwealth citizens for UK law purposes, and their entitlement to the Right of Abode ends.

To retain eligibility, a person must have remained continuously a Commonwealth citizen since 31 December 1982. Naturalising as a citizen of a non-Commonwealth country or otherwise ceasing to hold Commonwealth nationality removes entitlement to the Right of Abode automatically.

Section summary: Eligibility for the Right of Abode through Commonwealth connections is limited and historically defined. It may arise through a UK-born parent who was a CUKC or, for women, through pre-1983 marriage to a man with ROA. The person must have remained a Commonwealth citizen without interruption since 31 December 1982 to retain the right.

Section C – Proving the Right of Abode

Having the Right of Abode in law is not sufficient on its own — an individual must also be able to prove it to UK authorities, employers or immigration officers. Under section 1(1) of the Immigration Act 1971, only those who can demonstrate their entitlement are exempt from immigration control. Anyone unable to provide proof is treated as subject to immigration restrictions until evidence is shown.

1. How to prove the Right of Abode

You can prove your Right of Abode in one of two ways:

• By holding a UK passport describing you as either a British citizen or a British subject with the Right of Abode, or
• By obtaining a Certificate of Entitlement to the Right of Abode affixed to your passport or travel document.

These documents provide legal confirmation that you are not subject to immigration control and may live and work in the UK without restriction. Anyone claiming to have ROA but unable to produce one of these documents will be treated as an ordinary visa holder for immigration purposes.

2. When a Certificate of Entitlement is required

If you do not hold a qualifying British passport, you must apply for a Certificate of Entitlement from the Home Office. The certificate provides formal proof that you have the Right of Abode and may freely enter, live and work in the UK.

You cannot apply for a certificate if you already hold a British passport describing you as a British citizen or British subject with Right of Abode, or if you already have a valid certificate in another current passport. Certificates are also required by some employers and for right to rent checks, particularly for Commonwealth citizens who lack other forms of proof of status.

3. Applying for a Certificate of Entitlement from inside the UK

If you are applying from within the UK, the Channel Islands or the Isle of Man, you can apply online or by post:

• Online application: You can apply through GOV.UK and normally keep your documents while the application is processed.
• Postal application: Download Form ROA and send it with payment and supporting documents to:
  Department 1, UK Visas and Immigration, The Capital Building, New Hall Place, Liverpool, L3 9PP.

Evidence supporting your claim, such as your parent’s UK birth certificate or a marriage certificate, must accompany the application. Most applicants receive a decision within eight weeks of submitting their materials. If approved, your certificate will be returned affixed to your passport with your decision letter.

4. Applying for a Certificate of Entitlement from overseas

If you are applying from outside the UK or a British Overseas Territory, you must apply online through the GOV.UK portal. During the process, you will be asked to attend a visa application centre to enrol your biometric information, including fingerprints and a facial photograph.

You will normally receive a decision within three weeks of your biometric appointment. Your certificate will be attached to your passport and returned with your decision notice. Applicants in certain countries, such as North Korea, must download the paper form and follow the submission instructions instead of applying online.

5. Supporting documentation

All applications must include:

• Your current passport or travel document.
• Two passport photographs taken within six months of applying.
• Relevant supporting evidence proving entitlement, as set out in paragraph 1 of Schedule 1 to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006.

For example, if you are a female Commonwealth citizen relying on a pre-1983 marriage, you must provide your marriage certificate and your husband’s proof of Right of Abode, such as his UK birth certificate, passport or naturalisation document. Guidance on the required documents is available in the Home Office’s online ROA guidance, updated June 2023.

6. Application fees

As at April 2025, the Home Office fees are:

• £372 for applications made from within the UK, and
• £388 for applications made outside the UK.

Before applying, you should check whether you qualify under the Windrush Scheme, which allows some long-term Commonwealth residents to confirm their Right of Abode free of charge.

Section summary: Proof of the Right of Abode is established by a British passport or Certificate of Entitlement. Applications require detailed documentary evidence and fees are non-refundable, though eligible Commonwealth citizens under the Windrush Scheme can apply free of charge.

Section D – Refusals, Revocation & Duration

Although the Right of Abode (ROA) is one of the strongest immigration entitlements in UK law, it can still give rise to administrative or evidential issues. The right itself does not expire, but the documents proving it — especially the Certificate of Entitlement — can lapse, be refused, or in limited circumstances, revoked. This section explains the legal position on refusals, reconsiderations, expiry and deprivation.

1. If a Certificate of Entitlement is refused

If the Home Office refuses your Certificate of Entitlement application, there is no right of appeal or administrative review under the Immigration Rules. However, where the application was made within the UK, you can request reconsideration using Form RROA if you believe that UKVI made a legal or policy error. Reconsideration requests should generally be submitted within 28 days of receiving the refusal decision.

Common reasons for refusal include:

• Failure to provide sufficient documentary proof of entitlement.
• Inability to show continuous Commonwealth citizenship since 31 December 1982.
• Reliance on a marital claim that does not meet the pre-1983 conditions.
• Contradictory or incomplete evidence of parentage.

Application fees are non-refundable, even when refused. If your refusal is due to insufficient evidence, you must make a new application and pay the fee again. The Home Office will not reconsider cases where you later acquire evidence that was missing from the original submission.

2. When a Certificate of Entitlement expires

The Certificate of Entitlement does not itself expire, but it ceases to be valid once the passport or travel document to which it is attached expires. A new application must be made to place a certificate in a new passport, as it cannot be transferred or re-issued administratively.

Failure to renew the certificate may cause practical issues when proving your status at the UK border or to employers. Always ensure the certificate appears in your current passport if you rely on it as evidence of ROA.

3. Revocation or loss of the Right of Abode

The Right of Abode itself does not lapse with time, but it may be revoked or deprived under section 2A of the Immigration Act 1971. The Secretary of State may remove ROA if:

• It is determined that the individual does not in fact have the right; or
• Deprivation is considered conducive to the public good, for example due to serious criminality, terrorism, or conduct against the public interest.

This deprivation power applies only to non-British Commonwealth citizens who hold ROA. British citizens cannot be deprived of ROA unless first deprived of citizenship under the British Nationality Act 1981. Deprivation decisions have no statutory right of appeal but may be challenged through judicial review in the High Court.

ROA may also cease if a person holds more than one valid certificate of entitlement, already has a British passport confirming ROA, or where polygamous marriage rules apply and another wife has already been granted a certificate.

4. Windrush and historical context

The Windrush generation — Commonwealth citizens who settled in the UK before 1 January 1973 — have a unique connection to ROA. Many were lawfully resident for decades without documentation. The Windrush Scheme allows such individuals and their descendants to confirm their lawful status and ROA free of charge. Applicants must usually show that they arrived in the UK before 1973 and have lived here continuously since.

The scheme aims to remedy historic administrative errors and ensure that those who built lives in the UK before immigration controls were fully established are not disadvantaged when proving their legal rights.

Section summary: The Right of Abode itself is enduring, but certificates proving it can expire or be revoked. There is no appeal against refusal, though reconsideration may be requested. Deprivation is rare and applies only to non-British Commonwealth citizens in the public interest. The Windrush Scheme provides a free route for long-resident Commonwealth nationals to confirm or regain proof of their status.

UK Right of Abode FAQs

1. Is the Right of Abode the same as Settled Status?

No. The Right of Abode (ROA) and Settled Status both permit residence in the UK on a long-term basis, but they are legally distinct. ROA is a statutory exemption from immigration control under the Immigration Act 1971, held by British citizens and some qualifying Commonwealth citizens. Settled Status, granted under the EU Settlement Scheme, is a type of indefinite immigration permission that can be lost after five consecutive years outside the UK. By contrast, ROA cannot lapse due to absence and does not require continuous residence.

2. Does a British Protected Person have the Right of Abode?

No. A British Protected Person may hold a British passport and benefit from UK consular assistance abroad, but they remain subject to UK immigration control and do not automatically hold ROA. They must qualify separately — for example, through a parent who held ROA or via a pre-1983 marriage to a man with the Right of Abode — to benefit from this exemption.

3. How much does a Right of Abode application cost?

To prove your Right of Abode through a Certificate of Entitlement, the Home Office fee as at April 2025 is:

• £372 for applications made within the UK.
• £388 for applications made outside the UK.

These fees are non-refundable even if the application is refused. However, individuals who may be eligible under the Windrush Scheme can apply free of charge to confirm their status and obtain documentation proving their ROA.

4. Do Irish citizens have the Right of Abode in the UK?

Irish citizens do not technically hold the Right of Abode, but they enjoy equivalent rights under the Common Travel Area (CTA) arrangements. Irish nationals can enter, live and work in the UK freely without immigration control. These reciprocal rights are protected under both UK and Irish law and remain unaffected by Brexit or subsequent changes to UK immigration policy.

Conclusion

The Right of Abode (ROA) remains one of the most robust and enduring statuses in UK immigration law. It provides complete exemption from immigration control, allowing the holder to live and work in the UK without limitation. For most people, ROA arises automatically through British citizenship, but for some Commonwealth nationals, it continues under specific historic provisions that predate the British Nationality Act 1981.

Although the right itself is permanent and does not expire, individuals must maintain clear proof of their entitlement. Those without a qualifying British passport must apply for a Certificate of Entitlement to confirm their status. This certificate expires when the passport it is attached to expires and must be renewed with each new passport.

In rare cases, ROA can be revoked under section 2A of the Immigration Act 1971 where deprivation is conducive to the public good or the individual is found never to have qualified. Such deprivation applies only to non-British Commonwealth citizens and can be challenged by judicial review rather than appeal.

For long-term Commonwealth residents who arrived before 1973, the Windrush Scheme provides a free, dedicated route to confirm their right to live and work in the UK lawfully and permanently.

In summary: The Right of Abode offers unparalleled security in the UK immigration system. However, holders must ensure they retain valid documentation proving entitlement and remain aware of the limited statutory powers under which the Home Office may review or revoke this right.

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