Right of Abode in the UK explained
Introduction
There is a degree of misunderstanding circulating as to what people believe the 'Right of Abode' actually is. Some people innocently believe that it is the same as a Four Year Ancestry Visa, others believe it to be the same as Indefinite Leave to Remain or Full Residency, others think it to be the same as a Marriage Visa.
What it is
Understanding who has the Right of Abode begins with being easy, and then becomes a little more intricate. Perhaps the following basic information will assist you:
- All persons who are British Citizens automatically have the Right of Abode.
- Those persons who were Commonwealth Citizens on 1st January 1983 (when the British Nationality Act 1981 came into force) may qualify for the Right of Abode, if they have a UK born parent.
- If the parents are unmarried, then the Right of Abode application can only be considered on the Mother's side.
- If the applicant for the Right of Abode is female and is, or has been, married to a UK or Commonwealth Citizen prior to 1st January 1983, who would qualify, or who would have qualified but for his death, for the Right of Abode, then she may apply for the Right of Abode.
The Right of Abode is shown in the holders passport by a Certificate of Entitlement, which is a multi-coloured sticker (a 'Vignette', pronounced 'vin-yet'). The holder maintains his or her citizenship previous to being issued with the Certificate of Entitlement, but has the benefits of being free from UK Immigration Control.
Having the Right of Abode gives the holder full rights to reside in the UK just like a British Citizen. Having the Right of Abode does not however, give the holder any immigration rights in other countries outside of the UK. In short, The Right of Abode is applicable only to the UK.
New applications for the right of abode are currently taking around six to eight weeks to process in straight-forward cases. If further enquiries are necessary the waiting times are around two to three months. Transfer of an existing right of abode entitlement into a new passport is currently taking around two weeks to process.
A fee is required for EACH passport requiring a certificate of entitlement to the right of abode in the United Kingdom. If more than one person travels on the same passport, only one fee is payable.
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