Right of Abode
RIGHT OF ABODE
Who can apply under Right of Abode (RoA) to enter the UK?
RoA is only gained through your parents
If you are entitled to a RoA, it means you are allowed to live and work in the UK without any immigration restrictions and it also means you do not need
a visa to enter to live in the UK and there is no time limit on the length of time you can spend in the UK
Did you know that all British Citizens have the automatic right to RoA?
This page will cover the guidelines around RoA
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Proving Your RoA
How can I prove I have the RoA and what are the rulesof marriage?
RoA is usually gained by the status of your parent(s) or because you are/were married to a person that has RoA.
RoA based on your Parent(s)
To meet this guideline you need to have met one of the following:
- one of your parents was born in the UK and a citizen of the UK and colonies when you were born or adopted or
- you were a Commonwealth citizen on 31 December 1982 or
- you did not stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982.
To apply under this rule, if you are female Commonwealth citizen, you must have been married to your partner before 1 January 1983 and not stopped being Commonwealth citizen at any point after 31 December 1982 even temporarily.
Note: If the person you were married to has another living partner or widow, you are very unlikely to qualify for your RoA unless one of the following applies to you:
- If the living wife or widow is in the UK, or has been in the UK at any time since the marriage (unless they entered the country illegally, came as a visitor or only have temporary permission to stay);
- she has a certificate of entitlement to RoA or permission to enter the UK because of their marriage.
- you were married and you entered the UK before 1 August 1988, even if your husband has other wives in the UK;
- you have been in the UK since your marriage and at that time you were your husband’s only wife to have legally entered the UK or been given permission to do so.
Certificate of Entitlement
What is a certificate of entitlement and do I need to apply for one?
You can apply for a certificate of entitlement to prove your RoA. If you are unsure or plan to work in the UK, it is recommended you get this visa stamp that goes into your passport and this document will help you with the following:
- Enter the UK easier
- UK banks require evidence of your right to work in the UK before opening an account
- Make it easier to find employment as now you can demonstrate your right to work status
- Apply for finance
- Apply for public funds
What does a RoA entitlement me to?
With this certificate of entitlement it allows you to live and work in the UK.
If your certificate of entitlement expires, you can carry on living in the UK, but you cannot be employed without a new one being issued by the Home Office. Your RoA does not have an expiry, date but if your passport expires so does your certificate of entitlement so apply before it expires or you'll have to stop work and you will not be able to claim public funds.
RoA and the Windrush Generation
Understanding this and 'Windrush generation' if you have been affected
If you fall under the newly introduced 'Windrush generation' scheme (also known as the 'Windrush cases'), the Home Office has set up a special scheme, to learn more about this scheme click here.
Who has the right of RoA?
Some Commonwealth citizens may be entitled to RoA, the areas that the Home Office will look at are:
- Parents
- Marriage
- Windrush generation
Each type will be based on your type of evidence you can provide as part of your application.
If you are affected by the Windrush generation, these are some useful news articcles:
Commonwealth Citizens
What if I believe I am British, am I entitled to RoA?
All British citizens are automatically have a right to claim RoA.
When you do a British check, these are some of the areas that are checked.
- Born before or after 1 January 1983?
- Born in the UK or a qualifying territory?
- Were you a UK and Colonies citizen on 31 December 1982 with RoA in the UK?
- Were you a citizen of the United Kingdom and Colonies (CUKC) on 31 December 1982
- Had any connections with a British overseas territory because you, your parents or your grandparents were born, registered or naturalised in that British overseas territory.
- You also could became a British overseas territories citizen if you were a woman married to a man who became a British overseas territories citizen on 1 January 1983.
- You were born in a British overseas territory.
- At the time of your birth one of your parents was a British overseas territories citizen or legally settled in a British overseas territory.
- You were adopted in an overseas territory by a British overseas territories citizen.
- You were born outside the overseas territory to a parent who gained British overseas territories citizenship in their own right (known as ‘otherwise than by descent’).
You automatically became a British citizen on 21 May 2002 if your British overseas territories citizenship was gained by connection with a qualifying territory.
The qualifying territories are:
- Anguilla
- Bermuda
- British Antarctic Territory
- British Indian Ocean Territory
- British Virgin Islands
- Cayman Islands
- Falkland Islands
- Gibraltar
- Montserrat
- Pitcairn Islands
- Saint Helena, Ascension and Tristan da Cunha
- South Georgia and the South Sandwich Islands
- Turks and Caicos Islands
You may be able to register as a British citizen if you became a British overseas territories citizen after 21 May 2002 and meet certain conditions.
