What right of abode is
Right of abode is the right to live and work in the UK without any immigration permission. British citizens have it automatically. A small number of Commonwealth citizens also have it, and most of them need a certificate of entitlement to prove it. The status is old and the rules are technical, but it can be valuable: it carries no time limit, no visa fees and no residence conditions.
Who has it
- Some Commonwealth citizens who had right of abode before 1983. A Commonwealth citizen who, on 31 December 1982, was a citizen of the UK and Colonies with right of abode because a parent was born in the UK, and who has not lost it since, may still have it.
- Some Commonwealth women who were married before 1983 to a man who had right of abode, and who have kept the right.
The rules depend on dates, parents’ places of birth and marriage, so each case is examined from the documents. A parent’s birth in the UK, not just in a colony, is usually essential.
The certificate of entitlement
A certificate of entitlement is a stamp or label in your passport that proves your right of abode. It is issued by the UK Government, on application, to someone who is outside the UK or inside it. It lets you come to the UK and show that you are free of immigration control. The fee is £589. The application is made online, with your passport, your parents’ documents, and evidence of the claim.
Evidence
You will need birth certificates for yourself and the relevant parent, marriage certificates where the claim comes through a marriage, and proof of your parent’s UK birth. Gaps in records are common, especially for people born overseas decades ago, and we help put together the best evidence available, including from archives.
If it is refused
A refusal of a certificate of entitlement can be reconsidered on a separate form, and the fee is refunded if the original decision is overturned. A refusal can also be a sign that you are better off applying under a different route, such as registration or settlement. See reconsideration requests.
The Windrush connection
Many people with a claim to right of abode, or with a historic connection to the UK, are also protected by the Windrush scheme. If you came to the UK before 1973 from a Commonwealth country, you may be able to apply for British citizenship under the Windrush route, with no fee. Take advice on which route suits you best.
