Application For Right Of Abode UK
If you are looking to reside permanently in the UK without applying for a British passport, you may be eligible for a Certificate of Entitlement to the Right of Abode. This certificate is affixed to your passport and signifies your legal right to live in the UK indefinitely. However, please note that individuals who already possess a British passport or a valid Certificate of Entitlement in another foreign passport cannot obtain this certificate.
Complimentary Immigration Consultation for Right of Abode Applications
Our dedicated team at Aden & Co Solicitors offers a complimentary one-time immigration consultation regarding your Right of Abode application. You can easily reach out to our immigration experts online for free advice or schedule an appointment for a more comprehensive consultation. Whether you have specific questions or require detailed guidance on your Right of Abode application, our specialists are here to assist you every step of the way.
Understanding the Certificate of Entitlement to Right of Abode?
A Certificate of Entitlement to Right of Abode serves as an official document affirming your eligibility to reside and work in the UK without any immigration constraints. Holding the right of abode allows you the freedom to live and work in the UK without the need for a visa, ensuring that:
- You are exempt from visa requirements upon entering the UK.
- There are no restrictions on the duration of your stay within the country.
Renewal Process for the Certificate of Entitlement to Right of Abode
Typically, the Certificate of Entitlement to Right of Abode remains valid until the expiration of your passport. Upon the expiration of your passport, your certificate will also become invalid. It is essential to apply for a new Certificate of Right of Abode promptly once your passport expires to maintain your immigration status in the UK.
How to Apply for a Certificate of Right of Abode?
The process for applying for a Certificate of Right of Abode varies based on your location—whether you are currently in the UK or residing abroad.
Applying from Within the UK
If you are a resident of the UK, you can conveniently apply for your Certificate of Entitlement to the Right of Abode through an online application form. This method generally allows you to retain your documents while your application is under review, ensuring minimal disruption.
Alternatively, you have the option to submit a paper application using Form ROA. However, it’s important to note that with this approach, you must send all original documents to the Home Office UKVI alongside your application form. Consequently, you may not have access to your documents during the processing period.
Applying from Outside the UK
For individuals residing outside the UK, the application process for a Certificate of Right of Abode should be conducted online. Ensure you complete your application from your current location to facilitate a smoother process.
Eligibility for a Certificate of Right of Abode: A Comprehensive Guide?
Under Section 2(1) of the 1971 Immigration Act, as modified by Section 39(2) of the British Nationality Act 1981 (BNA 1981), two primary categories of individuals are granted the right of abode in the United Kingdom:
- British Citizens: Individuals holding British citizenship are unequivocally entitled to reside in the UK without any immigration restrictions.
- Commonwealth Citizens: Those who possessed the right of abode prior to 1 January 1983 and have maintained their status as Commonwealth citizens since that date are also eligible. This ensures that their rights remain intact under the current immigration framework.
Understanding the Basis of the Right of Abode?
The basis for an individual’s right of abode is articulated in Section 2(1) of the 1971 Immigration Act. This section delineates the categories of citizens from the United Kingdom and Colonies (CUKCs) and Commonwealth nations who qualify for residency in the UK.
The 1971 Act was revised when the British Nationality Act 1981 was enacted on 1 January 1983. The updated provisions specify that individuals qualifying for the right of abode include:
- Section 2(1)(a): British citizens, who inherently possess the right to reside.
- Section 2(1)(b): Commonwealth citizens who enjoyed the right of abode prior to 1 January 1983, provided they have not relinquished their Commonwealth citizenship status at any time thereafter.
The following chart illustrates the categories of individuals entitled to the right of abode under the original 1971 Act and identifies the sections under which their rights are recognized post 1 January 1983.
| Category | Original 1971 Act Section | Section after 01/01/1983 |
|
A citizen of the United Kingdom and Colonies (CUKC) who was born, adopted, naturalized, or registered in the UK or Islands. |
2(1)(a) |
2(1)(a) |
|
A CUKC born to or adopted by a parent who possessed the right of abode under section 2(1)(a) of the 1971 Act at the time of their birth. |
2(1)(b)(i) |
2(1)(a) |
|
A CUKC born to or adopted by a parent who had the right of abode under section 2(1)(b)(i) at the time of the person's birth. |
2(1)(b)(ii) |
2(1)(a) |
|
A CUKC who resided in the UK for a continuous period of five years prior to December 31, 1982. Time spent under immigration conditions may be included, provided those conditions were lifted before the five-year completion. |
2(1)(c) |
2(1)(a) |
|
A Commonwealth citizen (not classified as a CUKC) with a parent or adoptive parent who was a CUKC by birth in the United Kingdom at the time of their birth/adoption. |
2(1)(d) |
2(1)(b) |
|
A female Commonwealth citizen who was married to a man with the right of abode at any time before December 31, 1982. |
2(2) |
2(1)(b) |
|
A CUKC woman who was married to a man with the right of abode at any point prior to December 31, 1982. |
2(2) |
2(1)(a) |
Since January 1, 1983, the sole means of obtaining the right of abode in the United Kingdom has been through the process of acquiring British citizenship.
How We Can Assist You
At Aden & Co Solicitors, our dedicated team of immigration experts is poised to provide comprehensive legal advice and representation regarding your application for a Certificate of Entitlement to the Right of Abode. The following outlines the meticulous casework our immigration solicitors will undertake on your behalf:
Requirements Guidance: Our immigration solicitors will offer tailored advice on the specific criteria necessary for a successful application for a Certificate of Entitlement to the Right of Abode, ensuring you meet all necessary conditions.
Document Preparation: Our skilled immigration lawyers will compile a detailed checklist of essential supporting documents required for your application. This checklist will be promptly emailed to you to facilitate a smooth submission process.
Document Evaluation: Our team will meticulously assess all documents provided to ensure they are valid and comply with the stipulations set forth for your Certificate of Entitlement to the Right of Abode application.
Application Form Completion: Our immigration lawyers will efficiently complete the appropriate application form for your Certificate of Entitlement to the Right of Abode and submit it online, streamlining the application process.
Appointment Scheduling: Once your immigration application is submitted, our solicitors will arrange an appointment with the application centre for the necessary biometric enrolment, ensuring all procedural steps are followed.
Comprehensive Cover Letter: Our specialist immigration solicitors will draft a detailed cover letter to accompany your application, thoroughly outlining the legal requirements and demonstrating how each has been satisfied through the submitted documentation.
Document Uploading: Prior to your biometrics enrolment appointment, our immigration lawyers will upload all supporting documents online, ensuring they are readily available for review in support of your Certificate of Entitlement to the Right of Abode application.
Ongoing Follow-Up: Our team will conduct all necessary follow-up work until a decision is reached by the Home Office UKVI regarding your Certificate of Entitlement to the Right of Abode application.
Understanding the Costs of an Application for the Right of Abode (ROA)?
When considering an application for the Right of Abode (ROA), it’s essential to be aware of the associated costs. Below, we detail our pricing structure for obtaining a certificate of entitlement to the ROA.
Fixed Fees for Your Right of Abode Application?
At Aden & Co Solicitors, our fixed fee for processing your Right of Abode application ranges between £1,000 and £1,500. Notably, if the applicant is located outside the UK, we do not charge VAT on this fee. This pricing encompasses all services provided up until the UK Home Office (UKVI) renders a decision on your ROA application.
The specific fee we agree upon is influenced by the intricacy of your case and the amount of work required. An initial payment of 50% of the total fee is required to commence our services. The remaining balance will be due once we have meticulously prepared your application for submission.
“If you’re concerned about the expenses associated with comprehensive services, consider our affordable alternatives. You can conveniently schedule an appointment online for a one-time immigration advice and consultation session, available for a fixed fee of just £100 (VAT included). Alternatively, opt for our immigration document checking service, which is offered at a fixed rate of £300 (VAT included).”
UKVI Fees for Your Application
When submitting your application for the Right of Abode (ROA), it’s essential to consider the additional costs associated with the process. Beyond our service fee for expertly managing your application, you are also required to remit the Home Office UKVI fee independently. This fee is a crucial component of the application process and must be paid directly to ensure the timely processing of your ROA application.
Frequently Asked Questions (FAQs) Regarding Right of Abode Applications
Here, we address a range of commonly asked questions pertaining to the application process for the right of abode in the UK.
How can I contest the denial of my right of abode application?
If your application for the right of abode was submitted on or after April 6, 2015, you do not possess the right to appeal. However, should your application be made within the UK, you may request a reconsideration if you believe that the UK Visas and Immigration (UKVI) decision was inconsistent with legal standards or established policies.
What does the right of abode in the UK entail?
The right of abode permits individuals to reside and work in the UK without facing immigration restrictions. Those holding this right do not require a visa to enter the UK, and there is no limitation on the duration of their stay. This right is determined by whether an individual satisfies the conditions set forth in Section 2(1) of the Immigration Act 1971. Furthermore, according to Section 2A of the same Act, this right may be revoked. Notably, a Minister or their representatives cannot arbitrarily grant this right to any individual solely by issuing a passport or certificate of entitlement, as established in the case of Christodoulido v. SSHD [1985] Imm AR 179.
What is the typical processing time for a right of abode application in the UK?
For applicants outside the UK, the processing time for a certificate of entitlement to the right of abode is generally three weeks. For those applying from within the UK, the process typically takes up to eight weeks.
What is a certificate of entitlement to the right of abode in the UK?
A certificate of entitlement to the right of abode remains valid only for the duration of the passport to which it is affixed. Individuals holding a certificate in an expired passport must apply for a new certificate to be attached to their current passport before traveling.
Can a certificate of entitlement be revoked?
Eligibility for a certificate of entitlement may be denied under several circumstances, including:
- Lack of the right of abode in the UK.
- Possession of a current UK passport identifying them as a British citizen.
- Possession of a UK passport describing them as a British subject with the right of abode in the UK.
- Holding a certificate of entitlement in a different foreign passport.
- Having their right of abode restricted under Section 2 of the Immigration Act 1988.
- Being deprived of their right of abode by an order under Section 2A of the Immigration Act 1971.
Certificates issued on or after December 21, 2006, can be revoked by any official from the Home Office, including officials in HM Passport Office, immigration officers, consular officers, or entry clearance officers, upon discovering that the holder is no longer eligible. There is no right of appeal against such a cancellation. A certificate of entitlement will otherwise become void upon the expiration of the passport or travel document to which it is attached.
Can a certificate of entitlement be issued to a dual national?
British or Commonwealth nationals with the right of abode who also possess foreign nationality may have a certificate of entitlement incorporated into their foreign passport, provided they do not already possess a current British citizen passport or a valid certificate of entitlement in another passport. This regulation ensures that individuals cannot hold multiple documents validating their right of abode in the UK. The law does not provide any discretion to issue a certificate in such instances, regardless of the individual’s specific circumstances.
What are certificates of patriality?
Certificates of entitlement have replaced certificates of patriality since January 1, 1983. According to Section 39(8) of the British Nationality Act 1981, a certificate of patriality issued under the 1971 Act and valid immediately prior to January 1, 1983, is deemed a certificate of entitlement unless the holder lost their right of abode when that Act commenced.