Right of Abode - United Kingdom

United Kingdom

All British citizens have right of abode in the United Kingdom. In addition, right of abode is conferred on certain Commonwealth citizens and British subjects born before 1984. This is because if a person has a British mother and is born before 1984 under section 2(1)(b) of the 1971 Immigration Act they are considered to have the same rights as a British citizen. The right of abode is conferred automatically on such persons and they are issued a certificate on their passport in order to enter any United Kingdom Port.

New laws in 2009 now allow children who have the right of abode through their mothers to register as British by descent.

Irish citizens are given similar rights in the United Kingdom, but they do not formally have right of abode, and there are circumstances in which an Irish citizen can be deported from or denied entry to the United Kingdom. However, Citizens of the Republic of Ireland under revised legislation are not automatically subject to deportation as EEA members are, as Parliament has considered "the close historical, community and political ties between the United Kingdom and Ireland, along with the existence of the Common Travel Area." Irish citizens are therefore legally subject to deportation from the UK only in exceptional circumstances where the public interest is concerned.

Further to the provisions stated above, under the terms of the British Immigration Act 1971 exceptions, a long term resident Irish or Commonwealth citizen is granted immunity from deportation similar to British and Commonwealth citizens who hold right of abode by virtue of a residency term of at least 5 years in the United Kingdom of Great Britain and Northern Ireland. This only applies to non aliens(Commonwealth and Irish Citizens) of the United Kingdom, so these provisions are not generally considered for aliens with leave to remain in the United Kingdom. Refer to section 7 of the Immigration Act 1971 for more information - http://www.legislation.gov.uk/ukpga/1971/77

Indefinite leave to remain and the right of residence given to citizens of European Economic Area nations and Switzerland do not constitute a formal right of abode in the United Kingdom.