Being granted the right of residence implies the ability to live and work within the borders of the United Kingdom without being subject to any restrictions imposed by immigration laws. In the end, this suggests:

• Exemption from UK visa requirement is applicable
• No duration restrictions exist for your stay in the United Kingdom

Who has the right of abode in the UK?

The right of abode in the UK is inherent to every individual possessing British citizenship.

Having a British passport that identifies you as either a British citizen or a British subject with the rightful abode is the key to validating your right of abode.

Alternatively, you have the option to request a Certificate of Entitlement.

What is a Certificate of Entitlement?

You can apply for a Certificate of Entitlement from the Home Office that confirms you have the right of abode in the UK. The certificate will be placed inside your current foreign passport and will expire when your passport does, meaning it must be renewed every time you get a new passport.

If you are not a British Citizen, you may have right of abode if all the following apply:

• one of your parents was born in the UK and was a citizen of the United Kingdom and Colonies when you were born or adopted
• you were a Commonwealth citizen on 31 December 1982
• you did not stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982

Or

• You are a female Commonwealth Citizen and were married to a man with the right of abode before 1 January 1983
• You have not stopped being a Commonwealth Citizen (even temporarily) at any point after 31 December 1982
• You usually will not have the 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 much does a Certificate of Entitlement cost?

It currently costs £550.00 to apply for a Certificate of Entitlement.

Need help with applying for a Certificate of Entitlement or seeking legal advice? Get in touch with our team of immigration lawyers immediately to receive a quote.