Right of Abode and Certificate of Entitlement

The Right of Abode is defined in the Immigration Act 1971. In modern terms, it covers all British citizens and a narrow group of Commonwealth citizens whose Right of Abode was preserved when the British Nationality Act 1981 took effect. Right of Abode exempts you from immigration control. The practical issue is proving it at the border or to carriers.

The Certificate of Entitlement is a proof of Right of Abode in the UK. Having right of abode means a person is allowed to live or work in the UK free from immigration restrictions. This right is most commonly held by British citizens and certain Commonwealth citizens with close historic ties to the UK. If you have the right of abode but do not hold a British passport, you may need to apply for a Certificate of Entitlement, which provides formal proof of your citizenship.

What Is the Right of Abode?

The Right of Abode means a person can enter and remain in the UK without immigration control. If  person has the right of abode, they do not need a visa or electronic travel authorisation (ETA) to come to the UK. They are not subject to visa restrictions or work limitations.

A person automatically has the right of abode if they are:

• A British citizen; or
• (through Parent) A Commonwealth citizen on 31 December 1982, with a parent who was born in the UK and a citizen of the United Kingdom and Colonies (CUKC) at the time of their birth, and who did not stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982. 
• (through Marriage) A female Commonwealth citizen, who has been married to someone with right of abode before 1 January 1983, and has not stopped being a Commonwealth citizen (even temporarily) at any point after 31 December 1982 
• (through Marriage) A female Commonwealth citizen, who legally entered the UK as their husband’s only wife while married, and before 1 August 1988, even if their husband has other wives in the UK, and has been in the UK since their marriage 

If a person falls within these preserved categories, the Right of Abode itself does not “expire”, but the evidence you use to prove it might.

A person can prove the right of abode if they have a UK passport describing them as a British citizen or British subject with right of abode.

Who Can Apply for a Certificate of Entitlement?

If a person does not hold a British passport, but have naturalised or registered as a British citizen, or if they believe they have the right of abode, they can apply for a Certificate of Entitlement to the Right of Abode, which will be endorsed in their valid foreign passport.

A person cannot hold both a British passport and a Certificate of Entitlement at the same time.

How Much is the Certificate of Entitlement Application Fee?

Applications can be made online and decided either by UKVI (if the application is made within the the UK) or via UKVI.

As at November 2025, the application fee is £589.  If you may qualify under the Windrush Scheme, a separate fee-free application applies.

How Can Angelov Solicitors Help?

We act for clients across complex ROA scenarios, especially Commonwealth patriality claims and historic family links:

• We reconstruct the legal route to ROA using primary legislation and Home Office guidance, and identify any nationality issues (for example, whether you may actually be a British citizen already). 
• We specify the exact civil status records and historical documents needed for your route and resolve gaps or inconsistencies before submission. 
• We prepare the online application, assemble the supporting documents, accompanied by our comprehensive Letter of Representations explaining your circumstances. 
• We advise on renewing proof when passports change and on the interface with British citizenship and ILR for family members.

If you believe you have (or might have) the right of abode, we can assess your position and assist with your Certificate of Entitlement application.

Book a consultation or email info@angelov.law with “Right of Abode” in the subject line. We will review your circumstances and confirm your next steps.