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The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. [1] It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973.
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]
However, the Home Office believes that the act does not generally give claimants a right of abode in the United Kingdom. Successful claims will normally be granted to only those with British Overseas Citizen status unless entitled to a right of abode in the UK under the Immigration Act 1971 (c. 77) as in force prior to 1983. [2]
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can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked).
A BOTC citizen travelling to the UK on a BOTC passport without a certificate of the right of abode is subject to immigration control. According to the 2001 UK Census 27,306 people born in the 14 British overseas territories were residing in either England , Scotland , Wales or Northern Ireland . [ 3 ]
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 ...
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British Overseas Territories citizens with a connection to the territory have right of abode. Falkland Islands: Visitor's permit on arrival 4 weeks [230] [231] The initial visitor's permit is valid for 4 weeks. Visitors who have a connection with the Falkland Islands have right of abode. Guernsey: Visa not required [232] Isle of Man: Visa not ...