If you have ROA (Right of Abode), you are exempt from UK immigration controls, meaning you can live or work in the UK without any immigration restrictions.

With the right of abode, you do not need a UK visa or an ETA (Electronic Travel Authorisation) to enter the UK. You can spend any length of time in the country.

Unlike ILR (Indefinite Leave to Remain) and Settled status under the EUSS (EU Settlement Scheme), which also allows you to live or work in the UK indefinitely, the right of abode does not lapse through absence. However, depriving you of the right of abode is possible in limited cases where it is considered conducive to the public good.

What is Right of Abode in the UK?

The right of abode is a statutory right under the Immigration Act 1971 that allows you to live in, work in, and enter and leave the UK without being subject to immigration control. Section 1(1) of the Immigration Act 1971 legally established the concept of “right of abode”.  

This reads, “All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.”

In simple terms, with the right of abode you can live in the UK indefinitely without the need for a visa, ETA, ILR or another form of immigration permission to remain in the UK, enter the UK and leave the UK freely without the requirement of obtaining a visa or entry clearance to exercise your right to enter the UK, without being subject to normal immigration control.

The UK government cannot treat you like an ordinary person who is subject to immigration control.

You may still be required to prove that you have the Right of Abode.

Who has the right of abode in the UK?

The BNA (British Nationality Act 1981) - Section 39(2) changed the wording of the Immigration Act 1971 concerning who could have the right of abode. It now provides that only the following hold the right of abode:

• All British citizens

• Some Commonwealth citizens

Commonwealth citizens

You may have the right of abode in the UK either because one of your parents, when you were born or legally adopted, was born in the UK and a CUKC (Citizen of the United Kingdom and Colonies), you were a Commonwealth citizen on 31 December 1982, and you have not ceased to be a Commonwealth citizen (even temporarily) at any time since 31 December 1982 

or

If you are a female Commonwealth citizen, have been married before 01 January 1983 to a person who held the right of abode, and you have not ceased to be a Commonwealth citizen (even temporarily) at any time since 31 December 1982

You usually will not have the right of abode in the UK if you are a female Commonwealth citizen and the person you were married to has another living wife or widow who:

• is or has been in the UK at any time since her marriage (unless they entered the UK illegally, came to the country as a visitor or only have temporary permission to stay)

• has a certificate of entitlement to the right of abode in the UK (an official document that proves that you have the legal right of abode in the country) or permission to enter the country because of her marriage

However, you may still have the right of abode in the UK if:

• you came to the UK while married and prior to 1 August 1988, even if your husband has other wives in the UK

• you have been in the UK since your marriage and at the time of your marriage you were only wife of your husband to have legally entered the UK or been given permission to do so

British subjects born before 1 January 1949 are Commonwealth citizens. Since 1 January 1983, the only way to acquire the right of abode is by becoming a British citizen.

If you renounce your British citizenship, which means you are no longer a British citizen, you immediately forfeit your right of abode in the UK because your right of abode was based on your British citizenship, unless you continue to qualify for it by virtue of having Commonwealth citizenship under the 1971 Act - Section 2(1)(b) (as amended).

Windrush Generation

There is a different way to prove your right to live in the UK if you are part of the ‘Windrush generation’. Windrush generation refers primarily to people who came to the UK from Caribbean countries between 1948 and 1973, although the term can cover people from other Commonwealth countries as well. It is also known as ‘Windrush cases’, which generally refers to an immigration or nationality case involving someone affected by the historical Windrush issues.

How to prove your right of abode?

If you are claiming the right of abode in the UK, you must prove it by presenting:

• a UK passport describing you as a British citizen; or

• a UK passport describing you as a British subject (a person who holds a specific British nationality status under UK nationality law) with the right of abode in the UK; or

• a certificate of entitlement

Using a certificate of entitlement to prove right of abode

You can use a certificate of entitlement to prove your right of abode in the UK. For example, when you need to prove your right to live and work in the UK, or when you travel to the UK.

You can only apply for a certificate of entitlement if you are a British citizen with a foreign passport or a Commonwealth citizen with right of abode. 

Do not apply for a certificate of entitlement if you have a valid vignette sticker certificate of entitlement in a foreign passport.

You can use your vignette sticker certificate of entitlement in a foreign passport until your passport expires.

You can also change your vignette sticker certificate of entitlement to a digital certificate for free. 

Change from 26 February 2026

Before 26 February 2026, a certificate of entitlement was normally a physical sticker (vignette) placed in your foreign passport. But from this date, the vignette sticker changed to a digital certificate. 

This means that if your passport with your certificate of entitlement expired before 26 February 2026, you will be required to apply for a new certificate of entitlement. However, if your passport expires after this date, you can change your vignette sticker to a digital certificate through your UKVI account.

How can Visa and Migration Ltd. Help?

We can help you determine whether you qualify for the ROA (Right of Abode) in the UK by reviewing your nationality, birth, parentage, family history and relevant historical circumstances against the requirements of the Immigration Act 1971 and BNA (British Nationality Act) 1981. If you have a potential claim, we can help identify the documents needed to establish your entitlement, such as birth, marriage and nationality records. We can also assist you with preparing and submitting an application for a certificate of entitlement, which is official evidence of your Right of Abode. 

We can help you set up and change your certificate of entitlement to a digital certificate because, from 26 February 2026, successful certificates are issued digitally.

For expert advice and queries relating to whether you have the right of abode and how to prove it, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com