Right of abode (INF 12)

Guidance - Right of abode (INF 12)
Last updated 16 July 2008

This guidance explains what you will need to do if you want to come to the United Kingdom (UK) with the ‘right of abode’, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

What does the right of abode mean?
The right of abode means that you are entirely free from United Kingdom Immigration Control. In other words, you do not need to get permission from an Immigration Officer to enter the UK and you can live and work in the UK without restriction.
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Who has the right of abode?
All British citizens have the right of abode in the UK, along with certain other Commonwealth citizens, and citizens of certain other countries.
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How do I know if I am a British citizen with the right of abode?
You will have become a British citizen on 1 January 1983 (the date on which the British Nationality Act 1981 came into force) and so will have the right of abode in the UK if, immediately before that date, any of the following applied to you.

  1. You were a citizen of the United Kingdom and Colonies and you have UK citizenship because you were born, adopted, naturalised or registered (with some exceptions) in the United Kingdom.
  2. You were a citizen of the United Kingdom and Colonies and your parent (see note 3 below) was, at the time of your birth or legal adoption, a citizen of the United Kingdom and Colonies by being born, adopted, naturalised or registered in the United Kingdom.
  3. You were a citizen of the United Kingdom and Colonies and your parent qualified for the right of abode under 2 above.
  4. You were a citizen of the United Kingdom and Colonies at any time before 1 January 1983, and had been living in the UK for five continuous years or more without a break. During that period, you met all the terms of the immigration laws and, at the end of that period, you did not have any time limit on your stay.
  5. You were a citizen of the United Kingdom and Colonies and were then, or had previously been, the wife of a man with the right of abode in the United Kingdom.

You will also be a British citizen if:

  • you were born in the United Kingdom after 31 December 1982 and one of your parents was then a British citizen or legally settled in the United Kingdom
  • you were born outside the United Kingdom after 31 December 1982 and at the time of your birth one parent was a British citizen other than by descent (for example, by naturalisation, registration or birth), or
  • you were registered or naturalised as a British citizen after 31 December 1982.

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How do I know if I am a Commonwealth citizen with the right of abode?
You will have the right of abode as a Commonwealth citizen if you have been a citizen of a Commonwealth country up to 1 January 1983 and, immediately before that date:

  • you were a Commonwealth citizen with a parent who, at the time of your birth or legal adoption, was a citizen of the United Kingdom and Colonies and had their citizenship by being born in the United Kingdom, or
  • you were a Commonwealth citizen and are, or were, the wife of a man with the right of abode in the United Kingdom.

Pakistan and South Africa were not part of the Commonwealth before 1 January 1983 and their citizens have no right of abode under this provision.
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What is a certificate of entitlement?
A certificate of entitlement is a sticker put into your passport to show that you have the right of abode in the United Kingdom.
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How do I apply for a certificate of entitlement?
You can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell you about the ways in which you can apply. You will not be issued with a certificate of entitlement if you already have:

  • a UK passport describing you as a British citizen
  • a UK passport describing you as a British subject with the right of abode in the UK
  • an ID card issued under the Identity Cards Act 2006 describing you as a British citizen, or
  • an ID card issued under the Identity Cards Act 2006 describing you as a British subject with the right of abode in the UK.

If you have any of the documents listed above and you also have a certificate of entitlement, that certificate may be cancelled ('revoked').

Some visa sections will only accept applications made online. To find out if you can apply for your visa online please visit Visa4UK website.

If you cannot apply online you will need to fill in a visa application form VAF7 - Right of Abode. You can download the form from this website, or get one free of charge from your nearest visa application centre.
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What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this leaflet) along with the relevant fees, and provide unbiased, face-to-face advice on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
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What will I need to make my application?
You will need to make your application online or fill in the following visa application form:

  Application form VAF7 - Right of Abode
  Right of Abode form guidance notes

You will also need the following:

  • Your non-British passport or travel document.
  • A recent passport-sized (45mm x 35mm) colour photograph of yourself.
    This should be:
    • taken against a light-coloured background
    • clear and of good quality, and not framed or backed
    • printed on normal photographic paper, and
    • full face and without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons (but the face must not be covered).
  • The application fee. This cannot be refunded, and you must normally pay it in the local currency of the country where you are applying.
  • Supporting documents relevant to your application.

If you have the right of abode in the UK, you will not be required to provide biometric information.
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What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify for right of abode. If you do not we may refuse your application.

As a guide, you should include:

  • your full birth certificate
  • your marriage certificate
  • your parents' marriage certificate
  • evidence that you are a British citizen, and
  • evidence that one of your parents is a British citizen other than by descent (for example, by naturalisation, registration or birth in the UK) such as a passport, birth certificate or certificate of registration.

We will refuse your application if we find that any documents are false.
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What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your certificate of entitlement when you get it. You should make sure that your personal details are correct.

If you think there is anything wrong with your certificate of entitlement, contact the visa section immediately.
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More advice and information

The UK Border Agency
For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.bia.homeoffice.gov.uk

UK Border Agency, Visa Services Directorate
London SW1A 2AH

Immigration Advisory Service (IAS)
The Immigration Advisory Service is the UK's largest charity providing advice and representation in asylum, immigration and nationality law. It has offices right across the UK and abroad. It provides a free service to those who are eligible. It may also be able to help those who are not eligible. The IAS is a non-profit service.

Immigration Advisory Service
3rd Floor, County House
190 Great Dover Street
London SE1 4YB
Phone: (+44) (0)20 7967 1200
Phone: (+44) (0)20 8814 1559 (duty office open 24 hours a day)
Fax: (+44) (0)20 7403 5875
Email:advice@iasuk.org
Website: www.iasuk.org

Revenue and Customs
For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio tape and in large print. If you would like any guidance notes in one of these formats, please contact us:

UK Border Agency, Visa Services Directorate
London SW1A 2AH

Further information

 

The official British Government website for visa services

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