Right of Abode FAQS

January 1, 2026

To have the Right of Abode means you may legally live and work in the UK without immigration restrictions. This means that you will not need a visa to enter the UK, nor is there a limit to the amount of time you can live and work in the UK.

All British citizens automatically have the Right of Abode. Some Commonwealth citizens may qualify too. You prove your right of abode through your UK passport. If you do not have this, you will need a certificate of entitlement.

You may gain the Right of Abode through either your parents or if you were/are married to a person with the Right of Abode.

Your parents had the Right of Abode

You will have the Right of Abode if all of the following apply:

One of your parents was born in the UK and was a citizen of the UK and colonies when you were born/adopted
On the 31st of December 1982, you were a Commonwealth citizen
You did not stop being a Commonwealth citizen after 31 December 1982

Through marriage

The marriage route only applies if you are a female Commonwealth citizen. All of the following must be true:

You were married to someone with the Right of Abode before 1 January 1983
You have not stopped being a Commonwealth citizen at any point after 31 December 1982

If the person you were married to has another wife or widow who meets the criteria below, you will usually not get the Right of Abode:

is in the UK, or has been since her marriage (unless illegally)
has a certificate of entitlement to the Right of Abode or to enter the UK due to her marriage

You may still have the Right of Abode if:

You’ve only been in the UK since your marriage, and at the time were the only wife of your husband to have legally entered the UK.
You entered the UK before 1 August 1988 while married, even if your husband has other wives in the UK

If you meet the criteria for right of abode, you can apply for a certificate of entitlement that will go in your passport. You will need to apply for a new certificate each time your passport expires.

You cannot get a certificate of entitlement if you have a British passport or if you have a valid certificate in another foreign passport.

The fees charged by the Home Office can be found on their official website here.

From inside the UK:
It usually takes about 8 weeks from applying online and sending the required documents via post. If approved, your certificate will be sent with your decision letter.

From outside the UK:
It can take about 3 weeks from attending an appointment at a visa application centre. If approved, your certificate will be sent with your decision letter.

Your spouse, partner and other dependants will need their own application if they meet the requirements.

No. You will no longer need to pay the healthcare surcharge.

If it was denied due to a lack of supporting evidence, your application fee will not be refunded.

You can appeal the decision; this will be explained if your application is rejected. You cannot appeal if your application was denied on or after 6 April 2015.

You can also apply to have your application reconsidered if you think UKVI did not make the decision based on their law or policy.

We have experience in dealing with appeals. Please get in touch so we can chat about how to best appeal your denied application.

If you are applying from in North Korea, you will need to download the application form and follow the guidance to complete it. And then find out where to take your completed form.

How can we help

We provide expert, personalised immigration advice to both individuals and businesses. With our strong working relationship with the Home Office, we are well placed to efficiently manage and progress visa applications.

Usof Shah

Legal Director, Immigration

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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.