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Secure Your Future in the UK With Right of Abode
Gain the permanent right to live and work in the UK without being subject to immigration control. Our expert UK immigration solicitors guide you through the process of proving your Right of Abode, providing clarity, confidence, and long-term security.
For expert Right of Abode guidance, call us now at 020 3384 4389
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Confused About Your Right of Abode Status? Let Us Guide You
Having the Right of Abode means you have the right to live and work in the UK without being subject to immigration control, including:
- You will not need a visa to enter the UK.
- There is no limit on how long you can stay in the UK.
You can prove you have the Right of Abode if you hold a UK passport showing you are a British citizen, or a British subject with an endorsement confirming the Right of Abode. Otherwise, you must apply for a certificate of entitlement to the Right of Abode.
Quick Facts
Right to Abode Duration
The Right of Abode is an indefinite status. It allows a person to live and work in the UK without being subject to immigration control and is not limited by time. It is held by British citizens and certain Commonwealth citizens who meet the statutory requirements.
Benefits of Right of Abode UK
The Right of Abode allows a person to live and work in the UK without the need for a visa or time restrictions. It also allows entry to the UK without immigration permission. Access to public services, including the NHS, is available on the same basis as for British citizens.
Requirements for UK Right to Abode
Eligibility for the Right of Abode is limited and depends on nationality and historical connections to the UK. British citizens automatically have it. Some Commonwealth citizens may also qualify, provided specific statutory conditions are met and sufficient evidence is available.
Documents Checklist
To prove your Right of Abode in the UK, you must hold a valid passport. British citizens can prove their status using a British passport. Commonwealth citizens and others must apply for a certificate of entitlement to the Right of Abode, which is placed in their passport and supported by evidence confirming eligibility, such as birth certificates or marriage certificates.
The Immigration Health Surcharge (IHS) is a fee paid by most visa and immigration applicants for over six months to access the National Health Service (NHS). It is not required for British citizenship applications, as permanent residents contribute via taxes like National Insurance.
Holders of the Right of Abode are exempt from the Immigration Health Surcharge. As they are not subject to immigration control, they can access NHS services on the same basis as British citizens and do not need to pay the surcharge.
When applying for a Spouse visa, you must pay the Immigration Health Surcharge to cover your healthcare costs while in the UK. Since February 2024, the surcharge has been £1,035 per year, following a 86% increase. For in-country application, it will be for 30 months and out-country application, it will be for 33 months.
There may be costs associated with proving a Right of Abode. The main cost is the application fee for a certificate of entitlement, which currently costs £589. This fee applies whether you apply from inside or outside the UK.
British citizenship applications are typically processed within six months. However, some applications may take longer, especially if more information or checks are required by the Home Office.
For non-British citizens, a certificate of entitlement to prove the Right of Abode is usually processed within three to eight weeks. Processing times can vary depending on where you apply and the current application volumes.
This visa allows you to get married or register a civil partnership, but you cannot work, study, or live in the UK. You must use this visa solely to visit and get married.
British citizens automatically have the Right of Abode and can prove it with a UK passport. Eligible Commonwealth citizens, including some individuals from the Windrush generation, must apply for a certificate of entitlement to evidence their right to live and work in the UK without immigration control.
Unsure if you qualify for the Right of Abode in the UK?
Our experienced immigration solicitors can help you confirm your eligibility and guide you through the application process, including any certificate of entitlement requirements.
Benefits
Why Trust Us with Your Right of Abode Application
Our experienced team has extensive experience handling Right of Abode applications, providing personalised support to guide you through the process with clarity and care.
97.37%
Success Rate
37,573
Applications Approved
93.7%
Immigration Appeal Win Rate
4.9/5
Average Rating
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
Maximising Your Approval Chances
Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.
Success Rate Optimisation
We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.
Risk Mitigation Strategies
We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.
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Evidence-based case preparation
-
Home Office compliance checks
-
Success rate optimisation
-
Risk mitigation strategies
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
Maximising Your Approval Chances
Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.
Success Rate Optimisation
We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.
Risk Mitigation Strategies
We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.
Work With Trusted, SRA-Regulated UK Immigration Experts
Your immigration journey is too important to risk on unqualified or unregulated help. Every case we handle is prepared by SRA-regulated solicitors who apply structured legal reasoning, precise documentation checks and full compliance with Home Office and UKVI rules.
Our accreditations are your assurance that you are working with a reputable, experienced and highly trained legal team. We combine decades of immigration expertise with strict professional standards to give you clarity, confidence and complete peace of mind — no matter which visa or application route you are pursuing.
What is the Right of Abode?
Having the Right of Abode grants permission to live or work in the UK without facing any immigration restrictions, implying:
- You will not need a visa to come to the UK
- There’s no limit on the length of time you can spend in the country
You can prove you have the Right of Abode if you have a UK passport describing you as a British citizen or British subject with the Right of Abode.
Otherwise, you need to apply for a ‘certificate of entitlement’.
According to Section 1(1) of the Immigration Act of 1971, a person with the Right of Abode may only be subject to restrictions necessary to establish that right or those lawfully imposed on any person.
In practice, this means you may be required to show your passport or certificate of entitlement when entering the UK. If you cannot provide evidence of your Right of Abode, entry to the UK may be refused.
Eligibility Criteria for Right of Abode UK
British citizens automatically have the Right of Abode.
Some Commonwealth citizens may also qualify, including those who:
- Had a parent who was a Citizen of the UK and Colonies born in the UK
- were Commonwealth citizens on 31 December 1982
- Here, women married to a man with the Right of Abode before 1 January 1983 and remained Commonwealth citizens after that date
Eligibility is strict and depends on historical nationality status and supporting evidence.
It’s important to remember that the right to abode can be taken away, limited, or stopped if:
- You don’t have enough proof that you have the right to live in the UK.
- Insufficient evidence provided to prove the right to reside in the UK.
- Possession of another passport containing a valid residence permit.
- A certificate of entitlement has already been issued to another spouse.
- The husband is married to more than one wife and holds the right to reside with them.
- A legal order has revoked the Right of Abode.
Individuals with the Right of Abode may still undergo checks to confirm their lawful residence in the UK.
This is the only way for anyone born after January 1983 to obtain the Right of Abode UK, which is automatically conferred to all British citizens.
Not everyone with the right to abode UK is a British citizen. While they share certain rights with citizens, such as living and working freely in the UK, accessing public funds, and voting, important distinctions remain.
A person may not be eligible for a British passport even though they have the right to reside in the UK; this is a key difference. They can, however, request a certificate of entitlement to be affixed to their existing passport or travel documents.
Requirements for British Citizens and the Windrush Generation
The Home Office UK provides instructions on what constitutes a real “good reason” for missing your visa’s expiration date, and you must be able to provide proof to back up your claim.
British Citizens
British citizens automatically have the Right of Abode in the UK and can prove it using a British passport.
Windrush Generation
Some individuals from the Windrush generation may have the Right of Abode or other lawful status in the UK. In many cases, this is addressed through the Windrush Scheme, which provides documentation confirming lawful status rather than creating new immigration rights.
Eligibility depends on individual circumstances and historical residence records.
Requirements for Citizens from Commonwealth Countries
Citizens of certain Commonwealth countries listed in Schedule three of the British Nationality Act 1981 may be eligible for the Right of Abode, provided they meet all statutory conditions.
Eligibility may be restricted where:
- The country was not part of the Commonwealth on 31 December 1982
- The country left the Commonwealth after that date
In such cases, the Right of Abode will not apply, even if other conditions are met.
Some countries later rejoined the Commonwealth; however, rejoining does not automatically reinstate eligibility for the Right of Abode. Limited statutory exceptions may apply depending on individual circumstances.
In practice, Commonwealth citizens rarely qualify for the Right of Abode unless specific historical and parental conditions are satisfied.
Requirements for EU, Switzerland, Norway, Iceland or Liechtenstein People
You and your family can apply for the free EU Settlement Scheme if you arrived in the UK before December 31, 2020. While most people’s application deadline was June 30, 2021, you could still be eligible to apply if:
- Valid reasons for ineligibility by June 30, 2021.
- Your deadline is later.
Citizens of Ireland are exempt from the visa and EU Settlement Scheme application processes.
Requirements for Married Applicants
In limited circumstances, the Right of Abode can be acquired through marriage.
A Commonwealth citizen woman may qualify if she was married to a Commonwealth citizen man with the Right of Abode before 1 January 1983 and continued to hold Commonwealth citizenship after 31 December 1982.
Claims based on marriage are subject to strict statutory conditions, and polygamous marriages are not recognised for the purposes of acquiring the Right of Abode.
Pro Tips
If you’re claiming Right of Abode through a parent or via marriage (especially for marriages before 1983), check all related conditions (dates, nationality status, parental status, etc.).
Documents Required for Right of Abode UK
To prove your Right of Abode, you will need appropriate evidence based on your circumstances. This may include:
- A valid passport or other official travel document
- Supporting documents confirming eligibility, such as birth certificates or marriage certificates
- A certificate of entitlement to the Right of Abode, where applicable
British citizens usually prove their status using a British passport.
The Right of Abode may also be demonstrated by:
- A British passport stating the Right of Abode, or
- A certificate of entitlement is placed in a passport or travel document
Our UK International lawyers will happily assist you in exploring your options, confirming the best course of action for you going forward, and outlining the relevant implications.
Certificate of Entitlement to the Right of Abode
A certificate of entitlement is placed in a passport or travel document, confirming that the holder has the Right of Abode in the UK.
You may need to apply for a certificate of entitlement if you do not hold a British passport but have the Right of Abode.
Applications are made through GOV.UK, either online or by post, depending on where you are applying from.
How to Apply for a Certificate of Entitlement?
Your application for a certificate of entitlement will differ depending on whether you are submitting it from within or outside the UK.
Within the UK
If you are applying from the UK, the Channel Islands, or the Isle of Man, you will need to
- Fill out an online Right of Abode application form.
- Attach several supporting papers.
However, you will typically be allowed to retain these documents as your application is being processed.
Alternative: Apply by Post
- Download and complete Form ROA.
- Send the following to Department 1, UK Visas and Immigration, The Capital Building, New Hall Place, Liverpool, L3 9PP:
- Completed application form
- Payment slip and fee
- Supporting documents
Typically, you may expect to hear back about your certificate of entitlement application within eight weeks of submitting your documents online. If your application is approved, you will receive a certificate along with your decision letter.
Outside the UK
You must apply online at GOV.UK using the relevant link if you are applying for a certificate of entitlement from outside the UK or from a British overseas territory. You must enrol your biometric information at an overseas visa application centre as part of the application process. This will involve taking a picture of your face and scanning your fingerprints.
Within three weeks of your scheduled visit to the visa application centre, you should typically hear back about the status of your application. If your application is approved, you will receive your certificate of entitlement along with your decision letter.
Most importantly, you cannot submit your application online from North Korea; instead, you must download the necessary documents and follow the instructions on how and where to submit them.
Cost for the Right of Abode Application
Location of Application | Current Fee | Notes |
Applying from the UK, Channel Islands, or Isle of Man | £589 | Applies when applying while in the UK. |
Applying outside the UK or from overseas/British Overseas Territory | £589 | The same fee applies if applying abroad. |
Processing Time for a Certificate of Entitlement
Applications made online or by post in the UK:
- A decision is usually made within eight weeks of submitting your application and documents.
Right of Abode application form outside UK:
- Processing times may vary depending on the country and local visa application centre, but decisions are generally expected within eight weeks as well.
Delays can occur if:
- Additional documents are requested.
- Further checks are needed on your eligibility.
- Your application is considered complex.
Do you know?
If you apply for a Certificate of Entitlement and it’s refused, there’s generally no formal appeal route. That makes getting your documentation and eligibility clear before applying very important.
What Happens After Getting UK Right of Abode?
After your Right of Abode application is approved, authorities will update your passport or other travel document to reflect your Right of Abode certificate. Both the right to reside and the proof of entitlement are valid forever.
The Right of Abode removes all immigration barriers to permanent residence in the UK, allowing you to live and work freely. Neither a visa nor a maximum stay period is required to enter the UK.
The Home Secretary can revoke a non-British citizen’s Right of Abode without prior notice. Such cases have a limited right of appeal. When entering the UK, authorities might request your ID to confirm your right to reside there. Failure to present it could result in denial of entry.
Can You Lose Your UK Right of Abode?
Importantly, your right to abode in the UK will not expire. But your certificate of entitlement will no longer be valid once the passport or travel document it is attached to expires. If you want to get a new certificate of entitlement placed in your new passport or document before you leave, you will need to apply for it again.
In several cases, your Right of Abode can be revoked:
- You have no UK Right of Abode.
- You are able to legally reside in the UK since your passport states that you are a citizen or subject of the UK.
- You possess an additional passport that has a valid entitlement certificate
- You are in a polygamous marriage where one of your wives has already received a certificate of entitlement, and the other wife has the Right of Abode.
- An order has been issued to revoke your Right of Abode.
Deprivation of the right to abode is addressed in section 2A of the Immigration Act. This right can be revoked under these provisions if it is determined that excluding or expelling you from the UK would be in the public interest, even if you obtained it through Commonwealth citizenship rather than British citizenship.
However, in reality, the only justifiable grounds for a decision to revoke your right to abode in a certain country are specific criminal convictions, such as those involving major organised crime or terrorism.
Right of Abode FAQs
British citizens automatically have the Right of Abode. Some Commonwealth citizens may also qualify if they meet specific statutory conditions, such as having a qualifying parent or having acquired the Right of Abode through marriage under rules that applied before one January 1983.
Processing times depend on where you apply. Applications made within the UK are usually decided within around eight weeks. Applications made outside the UK may be processed more quickly, but times vary depending on location and application volume.
No. The Right of Abode is not the same as permanent residence. The Right of Abode means a person is not subject to immigration control and can live and work in the UK without time limits. Permanent residence, such as indefinite leave to remain, is an immigration status that can be restricted or lost in certain circumstances.
The main benefit of the Right of Abode is freedom from immigration control. This allows the holder to live and work in the UK and enter the UK without a visa or time restrictions.
Yes. The Right of Abode includes the unrestricted right to work in the UK, without the need for a visa or work permission.
Possibly. A child born outside the UK may have the Right of Abode depending on the nationality and status of their parent at the time of birth and whether the statutory requirements are met.
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