Right of abode Flashcards
[Parents]
You have right of abode if all the following apply:
- one of your parents was born in the UK and a CUKC when you were born or adopted
- you were a CC on 31 December 1982
- you did not stop being a CC (even temporarily) at any point after 31 December 1982
[* you are a BC because you were born in the UK before 1 Jan 1983, or because you were born in the UK on or after 1 Jan 1983 and one of your parents was settled in the UK]
[Marriage]
You can only get right to abode through marriage if you’re a female CC.
You must have:
- been married to someone with right of abode before 1 January 1983
- not stopped being a CC (even temporarily) at any point after 31 December 1982
Section 2(1) of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:
- BCs
- CCs who had the right of abode immediately before 1 January 1983 and who have not, since then, ceased to be CCs. So not citizens of :
- South Africa (left 1961, in 1994) or
- Pakistan (left 1972, in 1989)
unless hold another Commonwealth citizenship.
Nb, citizens of Fiji (lapsed 1987, in 1997) and Zimbabwe (suspended 2003) are still CCs because UK has not amended Sch 3 BNA 1981 to remove them..
Who had RoA under IA 1971 as originally enacted?
- A citizen of the United Kingdom and Colonies (CUKC) who was born, adopted, naturalised or registered in the UK or Islands
- A CUKC born to or adopted by a parent who, at the time of the person’s birth or adoption, had right of abode under s.2(1)(a) of the 1971 Act
- A CUKC born to or adopted by a parent who, at the time of the person’s birth, had right of abode under s.2(1)(b)(i)
- A CUKC who was ordinarily resident in the UK for any continuous period of 5 years before 31 Dec 1982 (time spent subject to immigration conditions can be included but the conditions must have been removed before completion of the 5 years)
- A CC (not a CUKC) with a parent / adoptive parent who, at the time of the person’s birth / adoption, was a CUKC by birth in the United Kingdom
- A female CC who is, or has been, married to a man with right of abode at any time before 31 Dec 1982
- A CUKC woman who is, or has been married to a man with right of abode at any time before 31 Dec 1982
IA 1971 s 2(1)(a) (as enacted)
(1) A person is under this Act to have the right of abode in the United Kingdom if-
(a) he is a citizen of the United Kingdom and Colonies who has that citizenship by his birth, adoption, naturalisation or (except as mentioned below) registration in the United Kingdom or in any of the Islands
…
(4) In subsection (1) above, any reference to registration in
the United Kingdom shall extend also to registration under
1948 c. 56. arrangements made by virtue of section 8(2) of the British Nationality Act 1948 (registration in independent Commonwealth country by United Kingdom High Commissioner), but, in the case of a registration by virtue of section 7 (children) of that Act, only if the registration was effected before the passing of this Act.
IA 1971 s 2(1)(b) (as enacted)
(1) A person is under this Act to have the right of abode
right of abode, in the United Kingdom if-
…
(b) he is a citizen of the United Kingdom and Colonies
born to or legally adopted by a parent who had that
citizenship at the time of the birth or adoption, and
the parent either-
(i) then had that citizenship by his birth, adoption,
naturalisation or (except as mentioned below)
registration in the United Kingdom or in any of the
Islands ; or
(ii) had been born to or legally adopted by a
parent who at the time of that birth or adoption so
had it ;
…
(4) In subsection (1) above, any reference to registration in
the United Kingdom shall extend also to registration under
1948 c. 56. arrangements made by virtue of section 8(2) of the British Nationality Act 1948 (registration in independent Commonwealth country by United Kingdom High Commissioner), but, in the case of a registration by virtue of section 7 (children) of that Act, only if the registration was effected before the passing of this Act.
IA 1971 s 2(1)(c) (as enacted)
(1) A person is under this Act to have the right of abode
right of abode, in the United Kingdom if-
…
(c) he is a citizen of the United Kingdom and Colonies
who has at any time been settled in the United
Kingdom and Islands and had at that time (and while
such a citizen) been ordinarily resident there for the
last five years or more
IA 1971 s 2(1)(d) (as enacted)
(1) A person is under this Act to have the right of abode
right of abode, in the United Kingdom if-
…
he is a Commonwealth citizen born to or legally
adopted by a parent who at the time of the birth or
adoption had citizenship of the United Kingdom and
Colonies by his birth in the United Kingdom or in any
of the Islands.
IA 1971 s 2 (2)(a) (as enacted)
(2) A woman is under this Act also to have the right of
abode in the United Kingdom if she is a Commonwealth citizen and either-
(a) is the wife of any such citizen of the United Kingdom
and Colonies as is mentioned in subsection (1) (a), (b) or
(c) above or any such Commonwealth citizen as is
mentioned in subsection (1)(d)
…
but in subsection (1) (a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before
the passing of this Act.
IA 1971 s 2 (2)(b) (as enacted)
(2) A woman is under this Act also to have the right of
abode in the United Kingdom if she is a Commonwealth citizen and either-
…
(b) has at any time been the wife-
(i) of a person then being such a citizen of the
United Kingdom and Colonies or Commonwealth
citizen ; or
(ii) of a British subject who but for his death would
on the date of commencement of the British
Nationality Act 1948 have been such a citizen of the
United Kingdom and Colonies as is mentioned in
subsection (1)(a) or (b)
but in subsection (1) (a) and (b) above references to registration as a citizen of the United Kingdom and Colonies shall not, in the case of a woman, include registration after the passing of this Act under or by virtue of section 6(2) (wives) of the British Nationality Act 1948 unless she is so registered by virtue of her marriage to a citizen of the United Kingdom and Colonies before
the passing of this Act.
IA 1971 s 2(3) (as enacted)
(3) In relation to the parent of a child born after the parent’s
death, references in subsection (1) above to the time of the child’s birth shall be replaced by references to the time of the parent’s death ; and for purposes of that subsection-
(a) “ parent “ includes the mother of an illegitimate child ;
and
(b) references to birth in the United Kingdom shall include
birth on a ship or aircraft registered in the United
Kingdom, or on an unregistered ship or aircraft of the
Government of the United. Kingdom, and similarly
with references to birth in any of the Islands ; and
(c) references to citizenship of the United Kingdom and
Colonies shall, in relation to a time before the year
1949, be construed as references to British nationality
and, in relation to British nationality and to a time before the 31st March 1922, “ the United Kingdom “
shall mean Great Britain and Ireland ; and
(d) subject to section 8(5) below, references to a person
being settled in the United Kingdom and Islands are
references to his being ordinarily resident there without
being subject under the immigration laws to any restriction on the period for which he may remain.
IA 1971 s 2(4) (as enacted)
In subsection (1) above, any reference to registration in the United Kingdom shall extend also to registration under 1948 c. 56. arrangements made by virtue of section 8(2) of the British Nationality Act 1948 (registration in independent Commonwealth country by United Kingdom High Commissioner), but, in the case of a registration by virtue of section 7 (children) of that Act, only if the registration was effected before the passing of this Act.
IA 1971 s2(1) (as in force)
A person is under this Act to have the right of abode in the United Kingdom if—
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who—
(i) immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth citizen in the meanwhile.
IA 1971 s2(2) (as in force)
In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British citizens; and in this Act (except as aforesaid) “British citizen” shall be construed accordingly.]
IA 1971 s1(5) (as enacted)
The rules shall be so framed that Commonwealth citizens
settled in the United Kingdom at the coming into force of this Act and their wives and children are not, by virtue of anything in the rules, any less free to come into and go from the United Kingdom than if this Act had not been passed.
