Right of Abode (ROA) in the UK: Understanding Your Permanent Residency Rights

Right of Abode (ROA) in the UK: Understanding Your Permanent Residency Rights

Blog Article

Do you want to live and work in the UK without any immigration restrictions? Are you wondering whether you qualify for the Right of Abode (ROA)?

The Right of Abode (ROA) is one of the most privileged immigration statuses in the UK. It allows a person to live, work, and enter the UK freely without needing a visa. If you hold this status, you are considered free from immigration control and can stay in the UK indefinitely.

Immigration Solicitors4me help individuals determine their eligibility for the Right of Abode and assist with applications, appeals, and legal advice.

What is the Right of Abode (ROA)?

The Right of Abode (ROA) is a legal status that gives a person the right to enter and live in the UK without restrictions. Those with ROA do not need a copyright enter the UK, and they can stay indefinitely, work, and access public services.

If you have ROA:

• You do not need a copyright enter the UK.


• You can live and work in the UK without restrictions.


• You can leave and return to the UK without immigration control.


• You are treated like a British citizen in terms of residency rights.

However, having ROA does not mean you are a British citizen. You do not automatically get a UK copyright but can apply for a Certificate of Entitlement to prove your status.

Who is Eligible for the Right of Abode?

Only certain people qualify for Right of Abode, mainly those with a connection to the UK through birth, descent, or marriage.

You may have ROA if:

• You are a British Citizen: All British citizens automatically have ROA and do not need to apply for it.


• You are a Commonwealth Citizen with ROA Before 1983: If you were a Commonwealth citizen on 31 December 1982, and you had a UK parent or grandparent, were married to a man with ROA before 1983, and have not lost Commonwealth citizenship.


• You Were Born to a UK Parent Before 1983: If you were born before 1 January 1983 and your father was born in the UK, you may have ROA. If your mother was British, you may still qualify but may need legal advice.


• You Were Married to a Man with ROA Before 1983: If you were a Commonwealth citizen and married before 1983 to a man who had ROA, you may qualify.

If you are unsure whether you have the Right of Abode, it is best to seek legal advice to check your eligibility.

How to Prove Your Right of Abode?

If you have the Right of Abode, you must prove it with one of the following:

• A British copyright (if you are a British citizen).


• A Certificate of Entitlement (if you are a Commonwealth citizen with ROA).

Applying for a Certificate of Entitlement

If you are not a British citizen but have ROA, you must apply for a Certificate of Entitlement to prove your status. This certificate is placed in your foreign copyright or travel document and confirms that you have ROA.

How to Apply?

• Step 1: Check your eligibility for ROA.


• Step 2: Gather your documents (copyright, copyright, proof of UK parentage/marriage).


• Step 3: Apply online through the UK Home Office website.


• Step 4: Pay the application fee (£372 if applying from the UK, or £388 from abroad).


• Step 5: Attend a biometrics appointment if required.

Can ROA Be Taken Away?

Yes, you can lose the Right of Abode in some situations:

• If you lose Commonwealth citizenship (e.g., by becoming a citizen of another country).


• If you obtain a UK visa, your ROA may no longer apply.


• If the Home Office revokes your ROA due to fraudulent applications or misuse.

If your ROA is questioned or revoked, you should seek legal assistance immediately.

ROA vs Indefinite Leave to Remain (ILR): What’s the Difference?

What If Your ROA Application Is Refused?

If your ROA application is denied, you can:

• Request a review if you believe there was an error.


• Submit a new application with stronger evidence.


• Appeal the decision if you have legal grounds.

Immigration Solicitors4me help individuals appeal ROA refusals and ensure they have the correct evidence to support their case.

Conclusion

The Right of Abode (ROA) gives individuals the freedom to live and work in the UK without immigration restrictions. It is a powerful immigration status, but only a limited group of people qualify.

If you are a British citizen or a Commonwealth citizen with UK ties, you may be eligible. However, proving ROA requires proper documentation, and mistakes in applications can lead to refusals.

Immigration Solicitors4me provide expert legal support for those applying for Right of Abode, including:

• Checking eligibility.


• Assisting with Certificate of Entitlement applications.


• Handling refusals and appeals.

Need help confirming your Right of Abode? Contact Immigration Solicitors4me today for professional guidance and a smooth application process.