Right of abode
From Freepedia
The right of abode refers to an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction.
Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. Those with permanent resident of the country generally have a de-facto right of residence but it can be revoked in certain circumstances, for example for being convicted of crimes.
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EU, EEA, and the Schengen treaty
Citizens of the European Economic Area (the European Union plus Iceland, Liechtenstein, and Norway) and Switzerland enjoy the freedom to travel and work in any European Union country without a passport or visa, although transitory dispositions may restrict the rights of citizens of new member states to work in other countries.
However rights to reside in another EU/EEA state are not absolute. In particular they can be refused to those who depend on social assistance, and those who commit crimes may be deported.
Schengen Treaty
Furthermore, countries that have signed and applied the Schengen treaty (a subset of the EEA) do not implement border controls between each other, unless exceptional circumstances apply. The EEA countries (with the exception of the UK and Ireland) and Switzerland have signed Schengen treaty. Switzerland and the ten new members states have not yet implemented it.
As a consequence of the above, for instance, a French citizen may travel to the United Kingdom, another EEA member state, and then freely live and work in that country. However, since the UK has not signed the Schengen treaty, he can be required to present an ID card when entering the UK. However, this requirement applies to British citizens as well. On the other hand, when Switzerland applies the Schengen treaty, the French citizen will be able to travel to Switzerland without being stopped at the border.
However, many European countries require all persons to carry an identity card or passport and proof of nationality is normally required to take up residence in any member state. Thus, while the Schengen Treaty facilites the movement of persons across frontiers, it makes no substantive difference to residence rights.
Hong Kong
See main article: Right of abode issue, Hong Kong
United Kingdom
British Citizens
All British citizens have the Right of Abode in the United Kingdom.
Non-British Citizens with Right of Abode
Commonwealth Citizens and British Subjects
Right of Abode is also conferred on the following Commonwealth citizens and British subjects:
- born before 1983 with a UK born mother
- adopted before 1983 by a UK born parent
- a woman married before 1983 to a man who had right of abode
For this purpose, the UK includes the Republic of Ireland prior to 1 April 1922.
It is essential that the person concerned should have held Commonwealth citizenship or British subject status on 31 December 1982 and not ceased to be a Commonwealth citizen (even temporarily) after that date.
No person born in 1983 or later can hold Right of Abode unless he or she is a British citizen.
Citizens of South Africa and Pakistan
For this reason, citizens of South Africa and Pakistan are generally not entitled to Right of Abode as these countries were not Commonwealth members on 1 January 1983. Citizens of Zimbabwe were still considered Commonwealth citizens (for nationality purposes) after that country's withdrawal from the Commonwealth because the UK did not amend Schedule 3 to the British Nationality Act 1981.
Privileges of Right of Abode
Right of Abode is evidenced by a stamp in the holder's passport and confers the following rights:
- an unconditional right to live, work and study in the United Kingdom
- entitlement to use the British/EEA immigration channel at UK ports of entry.
Right of Abode holders may apply for British citizenship by naturalisation after meeting the normal residence requirements. Children born in the United Kingdom to Right of Abode holders will normally be British citizens by birth automatically.
Irish Citizens and the Common Travel Area
Because of the Common Travel Area provisions between the Republic of Ireland and the United Kingdom, Irish citizens have a de-facto right of abode in the United Kingdom.
However, with the exception of those Irish persons born before 1949 who have reclaimed British subject status, the entitlement to reside in the United Kingdom is not unconditional, and Irish citizens (who are not also British citizens) are subject to removal and deportation from the UK.
EEA and Swiss Nationals in the UK
In the Immigration (European Economic Area) Regulations 2000, the United Kingdom declared that most citizens of EEA member states and their family members should only be treated as having a conditional right to reside in the UK.
This has implications should such a person wish to remain permanently in the United Kingdom after ceasing employment, claim social assistance, apply for naturalisation or acquire British citizenship for a UK born child.
Those EU/EEA/Swiss nationals who will be treated as permanent residents of the UK include:
- certain persons who have retired from employment or self-employment in the UK and their family members
- those who have been granted Indefinite Leave to Remain
- Irish citizens (because of the Common Travel Area provisions)
These persons remain liable to deportation on public security grounds.
Home Office Policy Document on EEA and Swiss Nationals in the UK
Indefinite Leave to Remain
Indefinite Leave to Remain is a form of UK permanent residence but does not confer a Right of Abode
British Overseas Territories
All British overseas territories operate their own immigration controls which apply to British citizens as well as to those from other countries. These territories generally have local immigration laws regulating who has Belonger status in that territory.
De-Facto Right of Abode
The immigration laws of some countries give a de-facto right of abode to citizens of other specified countries.
Full Permanent Resident
This includes cases where there is access to citizenship:
- New Zealand grants Australian citizens full permanent resident rights in New Zealand
- The United Kingdom and Republic of Ireland grant automatic permanent residency to each other's citizens
- Full permanent residency rights exist between the countries of the Nordic Council (Norway, Sweden, Finland, Denmark and Iceland)
As Long Term Temporary Residents
In these cases there is a right of residence, but without access to full citizenship rights:
- New Zealand citizens in Australia. Since 2001 Australia only grants limited rights. Details
- Citizens of EEA member states and Switzerland living in each other's country (except the cases above)
See Also
External Links
Home Office Guide to Right of Abode
