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The only legally recognised documents proving an individual's right of abode in the UK are the following: [10] a British passport describing the holder as a British citizen or as a British subject with the right of abode; a certificate of entitlement to the right of abode in the UK, which has been issued by the UK government or on its behalf
The right of abode is an individual's freedom from immigration control in a particular country.A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked).
Before the Act was passed, citizens of Commonwealth countries had extensive rights to migrate to the UK.For instance, in the sparsely populated frontier area of San Tin in Hong Kong, 85–90 percent of the able-bodied males left for the United Kingdom between 1955 and 1962 to work in British factories, foundries, railways, buses, hotels, and restaurants.
[54] [55] [56] British subjects only have right of abode in the UK if they were born to at least one British subject parent who themself was born in the UK or, if they are female, were married to a person with right of abode before 1983. [57] Almost every person who still retains British subject status has UK right of abode.
The right of abode on 31 December 1982 was necessary to become a British citizen on 1 January 1983 under the automatic transition at commencement of CUKC provisions of the British Nationality Act 1981, so failing to meet the interpretation of the right of abode test above resulted in no British citizenship through that route. [4] [5]
The Immigration, Asylum and Nationality Act 2006 (Commencement No. 1) Order 2006 (S.I. 2006/1497 (C. 50)), made on 2 June 2006, brought into force on 16 June 2006 the sections on grants, proof of right of abode, accommodation, removal: cancellation of leave, deprivation of citizenship, deprivation of right of abode, and money.
The Act sought to restore once again the link between citizenship and right of abode by providing that British citizenship—held by those with a close connection with either the United Kingdom or with the Crown Dependencies (that is to say, the Isle of Man and the Channel Islands), or both—would automatically carry a right of abode in the UK ...
If the right of permanent residence has thus been acquired, that person can then acquire 'right of abode' status under the Right of Abode Ordinance 2010 if: They become formally naturalised or registered as a British national through an application to the Governor's office (s.2(4)).