You can apply for a certificate of entitlement to the right of abode in the UK if you wish to stay in the UK permanently and do not wish to apply for a British passport. The certificate of entitlement to the right of abode is endorsed on a person's passport. You cannot get a certificate of right of abode if you already have a British passport or a valid certificate of entitlement in another foreign passport.
Free Immigration Advice For Right Of Abode Application
Our specialist team of immigration solicitors can provide one-off free immigration advice online regarding your application for the right of abode. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors concerning your application for right of abode.
What Is A Certificate Of Entitlement To Right Of Abode?
A certificate of entitlement to the right of abode is proof of your right to live and work in the UK without any immigration restrictions. Having the right of abode means you’re allowed to live or work in the UK without any immigration restrictions, which means:
- 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
Renewal Of Certificate Of Entitlement To Right Of Abode
The certificate of entitlement to the right of abode is normally valid until the expiration date of your passport, and when your passport expires, your certificate of entitlement to the right of abode also expires. You must apply for a new certificate of right of abode when your passport expires.
How To Apply For Certificate Of Right Of Abode?
How you apply for a certificate of entitlement depends on whether you’re inside or outside the UK.
Applying From Inside The UK
If you live in the UK, you can apply for a certificate of entitlement to the right of abode from inside the UK by completing an online application form. You’ll usually be able to keep your documents while your application is being processed.
You can also apply for a certificate of right of abode using a paper application form ROA. If you use a paper form, you will have to send all your original documents to the Home Office UKVI with the application form and may not be able to keep your documents with you whilst your application is being processed.
Applying From Outside The UK
If you are living outside the UK at the time of your application for right of abode, you should apply for a certificate of right of abode online from outside the UK.
Who Is Eligible To Apply For A Certificate Of Right Of Abode?
Section 2(1) of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:
- British citizens
- Commonwealth citizens who had the right of abode immediately before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens
What Is The Basis Of A Person's Right Of Abode?
Section 2(1) of the Immigration Act 1971 sets out which citizens of the UK and Colonies (CUKCs) and Commonwealth citizens had the right of abode in the UK.
The 1971 Act was amended when the British Nationality Act 1981 came into effect on 1 January 1983. Under the revised section 2(1), the following people have the right of abode in the UK:
- Section 2(1)(a) - British citizens
- Section 2(1)(b) - Commonwealth citizens who had ROA before 1 Jan 1983, provided they had not ceased to be a Commonwealth citizen at any time
The following chart sets out who had the right of abode under the original 1971 Act, and the section they have the right of abode under from 1 January 1983.
| Person with right of abode | Original 1971 Act section | Section after 1/1/1983 |
| A citizen of the United Kingdom and Colonies (CUKC) who was born, adopted, naturalised or registered in the UK or Islands | 2(1)(a) | 2(1)(a) |
| A CUKC born to or adopted by a parent who, at the time of the person’s birth or adoption, had the right of abode under s.2(1)(a) of the 1971 Act | 2(1)(b)(i) | 2(1)(a) |
| A CUKC born to or adopted by a parent who, at the time of the person’s birth, had right of abode under s.2(1)(b)(i) | 2(1)(b)(ii) | 2(1)(a) |
| A CUKC who was ordinarily resident in the UK for any continuous period of 5 years before 31 Dec 1982 (time spent subject to immigration conditions can be included but the conditions must have been removed before completion of the 5 years) | 2(1)(c) | 2(1)(a) |
| A Commonwealth citizen (not a CUKC) with a parent / adoptive parent who, at the time of the person’s birth/adoption, was a CUKC by birth in the United Kingdom | 2(1)(d) | 2(1)(b) |
| A female Commonwealth citizen who is, or has been, married to a man with right of abode at any time before 31 Dec 1982 | 2(2) | 2(1)(b) |
| A CUKC woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982 | 2(2) | 2(1)(a) |
The only way to acquire the right of abode since 1 Jan 1983 has been by becoming a British citizen.
How Can We Help?
Our specialist team of immigration solicitors can provide expert immigration advice and legal representations in relation to your application for a certificate of entitlement to the right of abode. The casework to be carried out by our immigration solicitors on your application for a certificate of entitlement to the right of abode will entail the following:
Advice on requirements: Our immigration solicitors will advise you on the relevant requirements you must meet to apply for a certificate of entitlement to the right of abode to succeed.
Documentary advice: Our immigration lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for a certificate of entitlement to right of abode;
Assessing documents: Our immigration lawyers will assess your documents to ensure that all the documents you provide in support of your application for a certificate of entitlement to right of abode are valid.
Completing the application form: Our immigration lawyers will complete the relevant application form for your application for a certificate of entitlement to the right of abode and submit your application online.
Booking an appointment with the application centre: After you submit your immigration application online, our immigration lawyers will book an appointment with the application centre for you to enrol your biometrics.
Detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter supporting the application for a certificate of entitlement to the right of abode to explain all the relevant legal requirements and how such requirements have been satisfied by the applicant with the documents being submitted with the application.
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of the application for a certificate of entitlement to the right of abode.
Follow up work: Our immigration lawyers will carry out all the follow up work until decision by the Home Office UKVI on the application for a certificate of entitlement to right of abode.
How Much Does An Application For The Right of Abode (ROA) Cost?
The costs associated with your application for the certificate of entitlement to the Right of Abode (ROA) are outlined below:
Our Fixed Fees for Your Right of Abode Application
Our fixed fee for processing your application for the Right of Abode (ROA) ranges from £1,000 to £1,500. We will not charge VAT where the applicant is applying from outside the UK. This fee covers all our work on your application until the Home Office UKVI makes a decision on your application for the Right of Abode (ROA).
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your Application
In addition to our fee for handling your application, you must also pay the Home Office UKVI fee separately for your application for the Right of Abode (ROA).
Frequently Asked Questions (FAQs) About Right Of Abode Application
Following are the various Frequently Asked Questions (FAQs) about right of abode application:
You will not have a right of appeal if your rejected application was received on or after 6 April 2015.
If you made your application in the UK, you can apply for reconsideration if you think UKVI's decision was not in accordance with the law or their policy.
The right of abode allows you to live or work in the UK without immigration restrictions. A person with the right of abode does not have a UK visa to come to the UK. There is no time limit on the time you can spend in the UK if you have the right of abode in the UK.
The right of abode is a statutory right that a person has or does not have, depending on whether they meet the conditions in section 2(1) of the 1971 Act. Under s.2A of the 1971 Act, the right of abode can be taken away. The Minister (or officials working on his behalf) cannot confer the right of abode on any person - for example, merely by issuing a passport or certificate of entitlement (Christodoulido - v - SSHD [1985] Imm AR 179).
An application for a certificate of entitlement to the right of abode is processed within 3 weeks if you apply from outside the UK and within eight weeks if you apply from inside the UK.
A certificate of entitlement to the right of abode is only valid for the passport's validity period to which it is attached. Before travelling, a person with a certificate of entitlement in an expired passport should apply for a new certificate of entitlement to be placed in their current passport.
A person will be ineligible for a certificate of entitlement if:
- they do not have the right of abode in the UK;
- they have a current UK passport describing them as British citizen;
- they have a current UK passport describing the person as a British subject with the right of abode in the UK;
- they have a certificate of entitlement in another foreign passport;
- their right of abode is restricted under section 2 of the Immigration Act 1988;
- they have been deprived of their right of abode by order under section 2A of the Immigration Act 1971 (see ROA10 above)
A certificate of entitlement issued on or after 21 December 2006 may be revoked by any Home Office official (including an official in HM Passport Office), any immigration officer, any consular officer or any entry clearance officer where it is discovered that the holder is no longer eligible for it. There is no right of appeal against such a cancellation.
A certificate of entitlement (whether issued before or after 21 December 2006) will otherwise cease to have effect on the expiry of the passport or travel document to which is affixed.
Except for ineligible persons, British (or Commonwealth nationals) with the right of abode, who are also foreign nationals, may have a certificate of entitlement inserted into their foreign passport. However, a certificate of entitlement cannot be issued if the person already holds a current British citizen passport or a valid certificate of entitlement in another passport. This is to prevent a person from having more than one document that proves their right of abode in the United Kingdom. There is no discretion in the law to issue a certificate of entitlement in such cases, irrespective of a person’s individual circumstances.
Certificates of entitlement replaced certificates of patriality with effect from 1 January 1983.
Under section 39(8) of the British Nationality Act 1981, a certificate of patriality issued under the 1971 Act and in force immediately before 1 January 1983 is regarded as a certificate of entitlement unless the holder ceased to have the right of abode at the commencement of that Act.
