Right of abode in the United Kingdom

The right of abode is the most common immigration status in the UK due to its association with British citizenship.

All individuals who have the right of abode in the UK (regardless of whether they are a British citizen, British subject or Commonwealth citizen) enjoy the following rights and privileges: Unlike indefinite leave to remain, a person's right of abode is normally valid for life and will not lapse regardless how long they stay outside the UK (or whether they have ever set foot in the UK) and cannot be revoked unless they lose their Commonwealth or British citizenship, or, for Commonwealth citizens, when the Home Secretary deemed it necessary for "the public good".

[2] In comparison, a person's ILR status will automatically lapse if they are absent from the UK for two or more consecutive years.

[5] Right of abode was limited to CUKCs and Commonwealth citizens, therefore certain people with connections to the UK were not eligible even if they had a UK-born parent.

Right of abode is also retained by a Commonwealth citizen or a British subject who, on 31 December 1982: For this purpose, the UK includes the Republic of Ireland prior to 1 April 1922.

Therefore, if she were to renounce her British citizenship, she would still hold right of abode as a Commonwealth citizen married to a CUKC.

The only legally recognised documents proving an individual's right of abode in the UK are the following:[10] An individual who has the right of abode in the UK but does not have or is ineligible for such a British passport can apply for a certificate of entitlement to be affixed inside his/her other passport or travel document.

In contrast, a New Zealand citizen who has right of abode but is not a British citizen must hold a valid certificate of entitlement in their New Zealand passport in order to be exempt from immigration control in the UK, otherwise they will be treated as subject to immigration control by UK Border Force officers at a port of entry.

This has implications should such a person wish to remain permanently in the United Kingdom after ceasing employment, claim social assistance, apply for naturalisation or acquire British citizenship for a UK-born child.

Those EU/EEA/Swiss nationals who would be treated as holding permanent residency in the UK include: These persons remain liable to deportation on public security grounds.

The status of Irish citizens in the UK, which pre-dates EC-related legislation, was unaffected and was confirmed by the insertion of section 3ZA into the Immigration Act 1971.

Indefinite leave to remain is a form of UK permanent residence that can be held by all nationalities except for British or Irish citizens, but it does not confer a right of abode.