This certificate is endorsed on your passport, allowing
you to live and work in the UK without immigration restrictions. However, you cannot obtain this
certificate if you already have a British passport or a valid certificate of entitlement in another foreign
passport.
What Is a Certificate of Entitlement to Right of Abode?
A certificate of entitlement to the right of abode serves as proof that you have the right to live and work
in the UK without any immigration restrictions. Holding the right of abode means:
1- You do not need a visa to enter the UK.
2- There is no limit on the length of time you can stay in the country.
Renewing a Certificate of Entitlement to Right of Abode
The certificate of entitlement to the right of abode is typically valid until your passport expires. When
your passport expires, the certificate also becomes invalid. To maintain your right of abode, you must
apply for a new certificate when renewing your passport.
How to Apply for a Certificate of Right of Abode
The application process for a certificate of entitlement depends on whether you are inside or outside
the UK.
Applying from Inside the UK
If you are currently in the UK, you can apply for a certificate of entitlement online. This method usually
allows you to retain your documents while your application is being processed. Alternatively, you can
apply using a paper application form (Form ROA), but this requires you to submit all original documents
to the Home Office UKVI, and you may not be able to keep your documents during the processing
period.
Applying from Outside the UK
If you are outside the UK at the time of your application, you should apply online for a certificate of right
of abode from abroad.
Who Is Eligible to Apply for a Certificate of Right of Abode?
According to Section 2(1) of the Immigration Act 1971, as amended by Section 39(2) of the British
Nationality Act 1981 (BNA 1981), the following groups are eligible for the right of abode:
1- British citizens
2- Commonwealth citizens who had the right of abode before January 1, 1983, and who have not
lost their Commonwealth citizenship since then.
The basis for a person’s right of abode in the UK is outlined in Section 2(1) of the Immigration Act 1971.
This section specifies which citizens of the UK and Colonies (CUKCs) and Commonwealth citizens are
granted the right of abode in the UK. Following amendments made by the British Nationality Act 1981,
effective January 1, 1983, the updated provisions are as follows:
Section 2(1)(a) - British citizens.
Section 2(1)(b) - Commonwealth citizens who had the right of abode before January 1, 1983,
and have maintained their status as Commonwealth citizens.
Person with Right of Abode | Original 1971 Act Section | Section After 1/1/1983 |
---|---|---|
A UK or Islands-born CUKC | 2(1)(a) | 2(1)(a) |
A CUKC born to a parent with right of abode under s.2(1)(a) | 2(1)(b)(i) | 2(1)(a) |
A CUKC born to a parent with right of abode under s.2(1)(b)(i) | 2(1)(b)(ii) | 2(1)(b)(ii) |
A CUKC resident in the UK for 5 continuous years before 31 Dec 1982t | 2(1)(c) | 2(1)(a) |
A CUKC woman married to a person with right of abode before 31 Dec 1982 | 2(2) | 2(1)(a) |
If your application was rejected on or after April 6, 2015, you do not have an appeal right. However, if you applied in the UK, you may request reconsideration if you believe the decision was incorrect or not in line with the law or policy.
The right of abode allows individuals to live and work in the UK without immigration restrictions. Those with this right do not require a visa to enter the UK and can remain indefinitely. The right of abode is determined by Section 2(1) of the 1971 Act and can be revoked under Section 2A. It cannot be granted merely by issuing a passport or certificate (Christodoulido v SSHD [1985] Imm AR 179).
Applications for a certificate of entitlement to the right of abode are processed within three weeks if made from outside the UK and within eight weeks if made from within the UK.
A certificate of entitlement confirms your right of abode and is valid only for the passport to which it is attached. If your passport expires, you need to apply for a new certificate to be placed in your current passport before traveling.
The individual does not have the right of abode in the UK.
1- The individual holds a current UK passport identifying them as a British citizen.
2-The individual has a UK passport identifying them as a British subject with the right of abode.
3- The individual possesses a certificate of entitlement in another foreign passport.
4- The individual’s right of abode is restricted under Section 2 of the Immigration Act 1988.
5- The individual has had their right of abode revoked by an order under Section 2A of the
Immigration Act 1971.
A certificate of entitlement issued on or after December 21, 2006, may be revoked by any Home Office
official, including those at HM Passport Office, immigration officers, consular officers, or entry clearance
officers if it is determined that the holder is no longer eligible. There is no appeal process available
against such a revocation.
A certificate of entitlement will also become void when the passport or travel document to which it is
attached expires.
British or Commonwealth nationals who have the right of abode and are also foreign nationals may have a certificate of entitlement included in their foreign passport, provided they do not already have a British passport or a valid certificate of entitlement in another passport. This restriction is in place to prevent holding multiple documents confirming the right of abode in the UK. The law does not allow exceptions to this rule based on individual circumstances.
Certificates of entitlement replaced certificates of patriality as of January 1, 1983. According to Section 39(8) of the British Nationality Act 1981, a certificate of patriality issued under the 1971 Act and valid immediately before January 1, 1983, is considered a certificate of entitlement, unless the holder lost the right of abode when the new Act came into effect.
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