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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
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.
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 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can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked).
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.
Commonwealth citizens who had been settled in the UK for five years when the Act came into force, (1 January 1973), also had the right to register and thus possibly the right of abode. Others would be subject to immigration controls.
The Act amended the Commonwealth Immigrants Act 1962 (that had stripped most citizens of Commonwealth countries of the rights of entry, abode and employment in the United Kingdom), further reducing rights of citizens of the Commonwealth of Nations countries (as of 2024, comprising approximately 2.5 billion people [2]) to migrate to the UK.
Leave to enter is the permission given by British immigration officers for entry to the United Kingdom and the Crown Dependencies. [1]Under the Immigration Rules (a key piece of immigration legislation in the UK), anyone who is does not have right of abode requires leave to enter.