Right of abode in the United Kingdom in the context of "British subjects"

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⭐ Core Definition: Right of abode in the United Kingdom

The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.

The right of abode is the most common immigration status in the UK due to its association with British citizenship. However, it should not be confused with the indefinite leave to remain (ILR), another form of long-term residency status in the UK which is more comparable to other countries' permanent residence status.

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👉 Right of abode in the United Kingdom in the context of British subjects

The term "British subject" has several different meanings depending on the period. Before 1949, it referred to almost all people in the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates and protected states). Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.

The status under the current definition does not automatically grant the holder right of abode in the United Kingdom but almost all British subjects do have this entitlement. As of 2025, about 20,400 British subjects hold valid British passports with this status and enjoy consular protection when travelling abroad; about 800 do not have right of abode in the UK.

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Right of abode in the United Kingdom in the context of British nationality law

The primary legislation governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Its provisions apply to the British Islands (comprising the United Kingdom (England, Wales, Scotland and Northern Ireland), and the Crown dependencies, of Jersey, Guernsey and the Isle of Man) and the 14 British Overseas Territories.

The six classes of British nationality provide differing levels of civil and political rights, reflecting the United Kingdom's historical legacy as a colonial power. The primary form is British citizenship, which is linked to the British Islands and confers full rights. Those connected with a current overseas territory are classified as British Overseas Territories citizens (BOTCs), and since 2002, nearly all BOTCs, except those associated solely with Akrotiri and Dhekelia, have also held British citizenship. Other residual forms of British nationality generally linked to former colonies and now largely closed to new acquisition include the statuses of British Overseas citizen, British subject, British National (Overseas) and British protected person. These categories do not confer automatic right of abode in the United Kingdom and offer limited entitlements.

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Right of abode in the United Kingdom in the context of Leave to remain

Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

It approximates to the concept of permanent residency (PR) in other countries, but that term had a different and specific meaning under the EU law on freedom of movement while the UK was in the EU. ILR is granted under UK domestic legislation, PR was (before Brexit) acquired automatically, if certain conditions were met, under EU law.

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