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.
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Free Immigration Advice For Right Of Abode Application
Our specialist team of immigration solicitors can provide one-off, 5-minute 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 the 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 a 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 you may not be able to keep them 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 an 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 under which they have the right of abode from 1 January 1983.
| Person with the 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 the 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 representation 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 submit with your application for a certificate of entitlement to the 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 certificate of entitlement to the right of abode and submit it 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, explaining all relevant legal requirements and how the applicant has satisfied them, and will include the documents submitted with the application.
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload all supporting documents online 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 handle all follow-up until the Home Office UKVI issues a decision on the application for a certificate of entitlement to the right of abode.
Specialist Immigration Solicitors for the Right of Abode (ROA)
Our immigration solicitors are specialists in the Right of Abode (ROA) applications. As one of the best immigration solicitors for Right of Abode (ROA) applications, we have an excellent track record of helping clients successfully secure the Right of Abode (ROA). Our highly experienced and fully qualified immigration solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your Right of Abode application.
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Meet Our Team of Immigration Solicitors in London
At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our immigration solicitors in London. We understand that the Right of Abode matters are life-changing, and our team is here to guide you through every step of the process with professionalism and care.
Our team comprises a diverse group of immigration solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.
Arshad Mahmood
Specialist UK Immigration Solicitor
Tushita Scalzullo
Specialist UK Immigration Solicitor
Nargis Khodadady
Specialist UK Immigration Solicitor
Asad Malik
Specialist UK Immigration Solicitor
Alina Rizvi
Specialist UK Immigration Solicitor
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Schedule Your Consultation With Our Immigration Solicitors
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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.
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).
Get a Fixed Fee Quote for Your Right of Abode Application
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You can instruct immigration solicitors in London at Premium Solicitors for your immigration matter by getting in contact with us using one of the following means of contact:
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Frequently Asked Questions (FAQs)
The following are the various Frequently Asked Questions (FAQs) about the right of abode application:
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).
The Right of Abode in the UK is a legal immigration status that allows a person to live, work, and enter the United Kingdom without any immigration restrictions. Individuals with the Right of Abode do not require a visa or immigration permission to enter or remain in the UK.
People with this status are treated similarly to British citizens for immigration purposes, although they may or may not necessarily hold British citizenship.
A person may have the Right of Abode if they:
- Are a British citizen, or
- Are a Commonwealth citizen who meets specific legal requirements under the Immigration Act 1971.
For example, some Commonwealth citizens born before 1 January 1983 may have the Right of Abode if they had a qualifying connection with the UK through a UK-born parent.
A Certificate of Entitlement to the Right of Abode is an official document issued by the Home Office confirming that a person has the Right of Abode in the UK.
The certificate is normally placed in a non-British passport and allows the holder to:
- Enter the UK without a visa
- Live and work in the UK without restrictions
- Study in the UK without immigration limitations
The documents required for a Right of Abode application may vary depending on the applicant's circumstances. Typical documents required for a Right of Abode application include:
- A valid passport
- Full birth certificate
- Evidence of a parent’s birth or citizenship in the UK
- Marriage certificates (if claiming through a father before 1983)
- Evidence of Commonwealth citizenship
The exact documents required will depend on the legal basis of the claim to the Right of Abode.
An experienced UK immigration solicitor can help ensure the application is properly prepared and supported with the correct evidence.
Processing times for a Certificate of Entitlement to the Right of Abode can vary depending on where the application is submitted.
- Typical processing times are:
- 8 weeks for applications made inside the UK
- 3 weeks for overseas applications
Processing times may vary depending on Home Office workload and the complexity of the case.
Although both statuses allow a person to live and work in the UK without immigration restrictions, they are different:
British citizenship
- Full citizenship rights
- Ability to apply for a British passport
- Right to vote in UK elections
Right of Abode
- Permission to live and work in the UK
- Usually held by some Commonwealth citizens
- Does not automatically give full citizenship rights
Some people with the Right of Abode may later choose to apply for British citizenship.
The Right of Abode cannot normally be revoked if it is held through British citizenship.
However, individuals who hold the Right of Abode through Commonwealth citizenship may lose it if they cease to be Commonwealth citizens.
Yes. Individuals with the Right of Abode in the UK have unrestricted access to employment. They can:
- Work for any employer
- Be self-employed
- Start a business
- Study in the UK
There are no immigration restrictions on their activities in the UK.
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.
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.
Yes. Premium Solicitors provides expert legal assistance with Right of Abode and Certificate of Entitlement applications.
- Our experienced UK immigration solicitors can:
- Assess your eligibility for the Right of Abode
- Advise on the required evidence
- Prepare and submit your application
- Assist with complex nationality and Commonwealth citizenship cases
We offer fixed-fee legal services, remote consultations, and nationwide assistance for clients in the UK and overseas.