Right of Abode (ROA) Applications
Right of Abode in the UK
Right of Abode is a special UK immigration status that gives individuals the unrestricted right to enter and live in the UK. It is a status that allows you to live, work, and remain in the UK without any immigration restrictions or the need for a visa.
Benefits of Having Right of Abode
If you have right of abode in the UK, it means that:
•No visa required: You do not need a visa to enter the UK, as you are considered to have full and unrestricted rights to live and work in the country.
•No time limits: There is no limit on the length of time you can stay in the UK. You are not subject to any immigration controls or conditions related to your stay.
You can prove you have right of abode if you hold a UK passport that explicitly describes you as a British citizen or British subject with right of abode.
If you do not have this proof in your passport, you will need to apply for a Certificate of Entitlement to confirm your right of abode.
Who Can Have Right of Abode?
You may have right of abode in the UK for several reasons, such as through your parents or because you were married to someone with right of abode.
Right of Abode Through Your Parents
You are eligible for right of abode if the following conditions are met:
1.One of your parents was born in the UK and was a citizen of the United Kingdom and Colonies at the time you were born or adopted.
2.You were a Commonwealth citizen on 31 December 1982.
3.You have not ceased being a Commonwealth citizen (even temporarily) after 31 December 1982.
Right of Abode Through Marriage (For Female Commonwealth Citizens)
You can also have right of abode if you are a female Commonwealth citizen and meet the following conditions:
1.You were married to someone with right of abode before 1 January 1983.
2.You did not cease being a Commonwealth citizen (even temporarily) at any point after 31 December 1982.
However, there are some additional rules that apply to marriage-based right of abode:
•You typically will not have right of abode if the person you were married to has another living wife or widow who:
•Is in the UK or has been in the UK at any time since her marriage, unless she entered the UK illegally, came as a visitor, or only has temporary permission to stay.
•Has a certificate of entitlement to right of abode or permission to enter the UK because of her marriage.
Exceptions to the Marriage Rule
There are specific exceptions to the rule regarding having multiple wives or widows:
•You may still have right of abode if:
1.You entered the UK while married and before 1 August 1988, even if your husband had other wives in the UK.
2.You’ve been in the UK since your marriage and were your husband’s only wife to have legally entered the UK or been given permission to do so at that time.
How to Prove Your Right of Abode
If you are unsure whether you have right of abode, you can apply for a Certificate of Entitlement to confirm your status. This certificate is issued by the Home Office and placed in your passport.
•Certificate of Entitlement: This certificate proves your right of abode and is included in your passport. If you already have right of abode, you should apply for this certificate to officially recognise your status.
•When your passport expires: You will need to apply for a new Certificate of Entitlement when your passport expires, as the certificate is linked to your current passport.
Application Process
To apply for a Certificate of Entitlement, you must:
1.Submit an Application: Complete the application form for a Certificate of Entitlement to prove your right of abode.
2.Provide Evidence: You may need to provide supporting documents to confirm your eligibility, such as proof of your Commonwealth citizenship or your marriage to someone with right of abode.
3.Pay the Application Fee: There is an application fee associated with the certificate. If your application is rejected due to insufficient evidence or failure to meet the eligibility requirements, the fee will not be refunded.
4.Application Outcome: If your application is rejected, you have the right to appeal the decision, provided that you have enough supporting evidence for your claim.
Why Seek Legal Assistance?
The process of applying for a Certificate of Entitlement to prove your right of abode can be complex, especially if you are unsure about your eligibility or need to provide specific documentation to support your application. Working with an experienced immigration lawyer can help you navigate the application process smoothly.
Our immigration lawyers can assist you with:
•Eligibility assessment: Determining whether you qualify for right of abode through your parents or marriage.
•Document preparation: Helping you gather and organize the necessary documentation to support your application.
•Application submission: Ensuring that your application is completed accurately and submitted on time.
•Appeal assistance: If your application is rejected, we can help you appeal the decision and provide additional evidence to strengthen your case.
Contact Us Today
If you are unsure whether you have right of abode in the UK, or if you need assistance with applying for a Certificate of Entitlement, contact us today. Our expert immigration lawyers are here to guide you through the process and ensure your application is successful. Let us help you secure your permanent status in the UK and enjoy the full benefits of right of abode.