Right of Abode Applications

Renewal of Certificate of Right of Abode

The certificate of entitlement to right of abode is normally valid until the expiry date of your passport and when your passport expires, your certificate of entitlement to right of abode also expires. You will therefore be required to renew your Certificate of Entitlement when you receive your renewed passport.

Eligibility for Certificate of Right of Abode

The right of abode is a statutory right that a person either has or does not have, depending on whether the conditions in section 2 of the Immigration Act 1971 are satisfied. As such, where a person does not already have this right by virtue of these statutory provisions, it is a right that cannot be conferred.

Section 2, as amended by the British Nationality Act 1981, defines the categories of people who are entitled to the right of abode in the UK as follows:

• A British citizen; or
• A Commonwealth citizen who immediately before the commencement of the 1981 Act was a Commonwealth citizen having the right of abode in the United Kingdom and has not ceased to be a Commonwealth citizen in the meanwhile.

As such, all British citizens automatically have a right of abode in the UK, together with certain Commonwealth citizens who were born before 1983. The right of abode provisions changed on 1 January 1983 when the British Nationality Act 1981 came into force.

Who is considered a British Citizen?

You will have become a British citizen on 1 January 1983, and will therefore have the right of abode in the UK if, immediately before that date you were:

• A citizen of the UK and Colonies (CUKC) who was born, adopted, naturalised, or registered in the UK
• You were a CUKC and your parent at the time of your birth was a CUKC by being born, adopted, naturalised or registered in the UK, or a CUKC whose parent qualified for the right of abode because their parent, i.e. your grandparent, was born, adopted, naturalised or registered in the UK
• A CUKC who, at any time before 1 January 1983, had been ordinarily resident in the UK 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
• A CUKC who was or had been the wife of a man with the right of abode in the UK at any time before 31 December 1982

If you were a CUKC by birth in a former colony, you may have lost that status when that country became independent. In such cases you would only have a right of abode if you qualified under one of the provisions for Commonwealth citizens born before 1 January 1983.

Who is considered a Qualifying Commonwealth Citizen?

You may have right of abode in the UK either because of your parents or because you are or were married to someone with right of abode.

Parents

You have right of abode if all the following apply:

• One of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
• You were a Commonwealth citizen on 31 December 1982
• You didn't stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

Marriage

You can only get right to abode through marriage if you're a female Commonwealth citizen.

You must have:

• Been married to someone with right of abode before 1 January 1983
• Not stopped being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

You usually won't have right of abode if the person you were married to has another living wife or widow who:

• Is in the UK, or has been in the UK at any time since her marriage (unless they entered the country illegally, came as a visitor or only have temporary permission to stay)
• Has a certificate of entitlement to right of abode or permission to enter the UK because of her marriage

However, you may still have right of abode if:

• You entered the UK while married and before 1 August 1988, even if your husband has other wives in the UK
• You've been in the UK since your marriage and at that time were your husband's only wife to have legally entered the UK or been given permission to do so

How to Apply for Certificate of Right of Abode

How you apply for a certificate of entitlement depends on whether you're inside or outside the UK.

From within the UK an application can either be made online or by post. This will cost £372

The fee for any application made outside the UK is currently £388

Why choose Westridge Legal?

Westridge Legal has experience in navigating the complex requirements of Right of Abode applications. Our team of expert immigration lawyers can guide and support you in your matter every step of the way.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.