Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Nationality definition

What does Nationality mean? In legal practice, nationality describes a person’s formal bond with a state for purposes such as immigration status, right of abode, consular protection, sanctions, and conflict of laws. It is a descriptive term used across multiple contexts, with its content set by statute in each jurisdiction. United Kingdom: While often used interchangeably with citizenship, the terms are not identical. The British Nationality Act 1981 recognises several classes of “British national”, including British citizen, British Overseas Territories citizen, British Overseas citizen, British National (Overseas), British subject and British protected person. Only British citizens have the right of abode by virtue of their...

UK Right of Abode: status, pre-1983 patriality, post-1983 rules, proving status and certificates of entitlement (digital), polygamy restrictions, reconsideration/judicial review, deprivation, and naturalisation

Published by a LexisNexis Immigration expert

Practice notes

The right of abode—status

The right of abode in the UK is an immigration status. It lets a person reside here and to enter and depart the UK freely, save for steps needed to confirm the right or any other lawfully imposed limits.

Such limits may include:

being required to present a passport when seeking entry to the UK
refusal of entry if unable to produce a relevant UK passport
refusal of entry if unable to show a certificate of entitlement on arrival
being made subject to a temporary exclusion order, whether or not a permit to return has been issued

Someone with the right of abode is not subject to immigration control in the UK. Section 2 of the Immigration Act 1971 grants this right to all British citizens. Certain Commonwealth citizens who possessed the right of abode in the UK before 1983 retain it on and after that date, provided they have not ceased to be Commonwealth citizens...

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Adrian Berry

Garden Court Chambers

Adrian's practice spans a range of inter-related areas of public law concerning human rights and social welfare. His core areas of practice are: British nationality, EU citizenship and free movement, economic and student migration, international protection and asylum, general immigration law, homelessness and migrant welfare, child support, and social security and social assistance. Adrian has contributed to a number of publications including: Fransman's British Nationality Law (3rd edition 2011), the JCWI Handbook 2006, Jackson and Warr's Immigration Law and Practice (2008) Blackstone's Guide to the Borders, Citizenship and Immigration Act 2009 (OUP 2010). He advised JCWI on government nationality proposals, and contributed to responses to government consultation papers and advised peers in the House of Lords for ILPA. Adrian provides training courses in British nationality law, EU law, immigration law, community care law, migrant welfare law, housing law, social security law and...

Web page updated on 21/05/2026

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