Right of Abode UK

Learning your right of abode status is crucial if you want to move to or remain permanently in the UK. The right of residence allows certain individuals to lawfully remain in the UK without a visa, provided they meet specific criteria. 

If you wish to delve deeper into understanding the UK’s right of abode or have inquiries regarding immigration to the UK, feel free to connect with reliable immigration advisors for assistance. You can contact us online or by calling UK Immigration Solicitors at 0203 384 4389.

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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’.

Eligibility Criteria for Right of Abode UK

In the following situations, you may gain right of abode through your parents:

  • Have a parent who was born in the UK and was a citizen of the UK and its regions when you were born or adopted.
  • You lived in the Commonwealth on December 31, 1982.
  • Had Commonwealth citizenship until December 31, 1982.

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.
  • You have another passport that has a legal permit in it.
  • Another wife has already received a certificate of claim.
  • Your husband is married to more than one woman and has the right to live with them. 
  • An order took away your right to abode.

An individual who has a right of stay may still be checked to ensure that they have the legal right to be in the UK.

Our experienced UK immigration Solicitors can help you with your immigration process.

What are the Eligibility requirements for British Citizens for Right of Abode?

The Home Office tells you what a “good reason” is for missing your visa’s end date, and you must be able to show proof to back up your claim.

Requirements

People who are British immediately have the right to live in the UK. Depending on which Commonwealth country they are from, Commonwealth people may also have the right to live where they want.

Criteria for Windrush Generation

People from the Windrush group may need to go through a different application process in order to get the right to live in the UK. The name for this plan is the Windrush Scheme.

Our experienced UK immigration Solicitors can help you with your immigration process.

Requirements for Commonwealth Citizens for Right of Abode UK

(If you’re part of the ‘Windrush generation’ (also known as ‘Windrush cases’), there’s a different way to prove your right to live in the UK. Please get in touch with our friendly team for further guidance.)

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

Speak to our assessment team now to confirm your eligibility and options for free on 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Documents Required for Right of Abode UK

You’ll need to send:

  • your valid passport or travel document – if it was not issued in the UK it must have immigration stamps to show you’re living here, or you must have a previous right of abode certificate.
  • 2 passport-size photos of you taken in the last 6 months documents proving you have the right of abode.

Our friendly team will happily assist you in exploring your options, confirming the best course of action for you going forward, and outlining the relevant implications.

Our experienced UK immigration Solicitors can help you with your immigration process.

Certificate of Entitlement

You can apply for a certificate of entitlement to prove you have the right of abode in the UK. It goes in your passport. Not having a British passport to show you are a British person with the right to live in the UK? You will need to apply for a certificate of entitlement to work and come to the UK.

To get a certificate of eligibility, you must go to the Gov.UK website and fill out a Form ROA. The form can only be used by people in the UK who are seeking certification. For those registering for the certificate from outside of the UK, there will be an online form you can use.

You’ll get a decision within 6 months from when you’ve sent your completed application and supporting documents.

Our experienced UK immigration Solicitors can help you with your immigration process.

What are the Processing Time and Cost for the Right of Abode Application?

You may have to pay £372 for a certificate of eligibility in the UK. To get proof of entitlement from outside the UK, you have to pay £388.

It might take weeks to decide on an application for proof of entitlement. After your interview at the centre for visa applications, you might hear back in 3 to 8 weeks.

Our experienced UK immigration Solicitors can help you with your immigration process.

What Happens When I Receive My UK Right of Abode?

After your 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 are required to enter the UK.

The Home Secretary can revoke a non-British citizen’s right of abode without previous notification. 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.

Our experienced UK immigration Solicitors can help you with your immigration process.

What are the Benefits of Hiring UK Immigration Solicitors?

Immigration rules are complex and subject to regular changes and revisions. This itself presents problems as it is the applicant’s responsibility to ensure they are aware of and have complied with any changes to the routes, processes, and evidence requirements. 

Failure to satisfy tight standards may result in the application being denied. It causes emotional and financial stress for you and your family. We are completely aware of the latest immigration rules, policies, and procedures. 

  • Additionally, we don’t leave matters to chance. 
  • Once you become a client of ours, we explain our strategy and tell you exactly how we propose to get you the right result. 
  • We will identify the positives and negatives of your circumstances, explain potential issues, and outline the necessary steps for resolution.
  • Moreover, we provide step-by-step guidance and advice throughout the entire process professionally. 

Our experienced UK immigration Solicitors can help you with your immigration process.

Frequently Asked Questions

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

Those without the right of abode can only reside in the country and enter or exit it with permission. The rule on the right of abode says that people who don’t have the right could live, work, and settle in the UK with permission.

Just because someone is settled doesn’t mean they can live anywhere in the UK. Instead of “leave,” the terms “settled status” and “pre-settled status” have been used since the start of the EU settlement system. People with limited leave to stay are sometimes called “settled status.”

Being a citizen is not the same as having the right to live somewhere. Laws about the right to abode kept some Commonwealth citizens who lived in the UK and had the right to abode from becoming British citizens.

Since 2008, the certificate needs to be stamped on a valid visa. The proof of entitlement is good for as long as the passport is valid.
To ensure optimal application, use a passport with ample validity when applying for a certificate of entitlement.

You can get a new certificate of entitlement by applying again to the Home Office, the UK High Commission, or the United States Embassy. No matter if you were given a certificate before, you would still need to show proof to back your claim to reside legally.

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