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A Certificate of Entitlement to the right of abode is a document which is placed in a person’s passport to show they have the right to enter and leave the United Kingdom when they like. They are free from immigration control. All British Citizens have the Right of Abode. Some people are also dual nationals; they are citizens of more than one country. The United Kingdom allows this and such people can get a Certificate of the Right of abode placed in their passport.
Some people who are not dual national British Citizens, if they are from a Commonwealth country, may also have the right of abode. A Certificate of Entitlement is a document they should have placed in their passport if they wish to travel on their passport so they will be treated in the United Kingdom as a person who can come and go as they like. In other words, although they are not British Citizens, they will be treated as if they are British Citizens for the purposes of the 1971 Immigration Act.
In general, a Commonwealth citizen would a have the right of abode if:
- They are British Citizens - This include people who were Citizens of the United Kingdom and Colonies who were ‘patrials’ under the law before the commencement of the British Nationality Act 1981, because they were born, adopted, registered or naturalised in the United Kingdom, and those who were ordinarily resident in the United Kingdom for 5 years free of immigration restrictions.
- They are ‘patrial’ within the meaning of the 1971 Immigration Act because they were born before 1 January 1983, and have a parent who was born in the United Kingdom.
- They are a Commonwealth woman, and they had married a person before 1 January 1983, who was ‘patrial’ under the 1971 Immigration Act.
Whether or not a Commonwealth Citizen is a person who is entitled to a Certificate of Entitlement to the Right of Abode can involve very complex legal and evidential issues.
If I think I have the right of abode, what can I do about it?
A person claiming to have the right of abode in the United Kingdom on arrival must produce either:
A United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
A certificate of entitlement duly issued by or on behalf of the Government of the United Kingdom certifying that he has the right of abode.
It is therefore advisable to obtain the Certificate of Entitlement at the British post abroad before you travel.
If, for any reason, you are already lawfully in the United Kingdom with some temporary leave to remain, you may apply directly to the Home Office for the time limit on your stay to be removed if you are able to establish a claim to the right of abode. The kinds of documentary evidence required will include birth, death and marriage certificates. recommends that people obtain specialist legal advice before applying.
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