Right of Abode

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Right of Abode

To have right of abode means you may legally live and work in the UK without immigration restrictions. This means that you will not need visa to enter the UK nor is there a limit to the amount of time you can live and work in the UK.

All British citizens automatically have right of abode. Some Commonwealth citizens may qualify too. You prove your right of abode through your UK passport. If you do not have this, you will need a certificate of entitlement.

How we can help

In some situations, proving your right to abode can be complex. Our experienced immigration specialists understand the processes, the legal requirements and the issues. Herrington Carmichael will support you every step of the way.

Key contact

Usof Shah PNG
Usof Shah
Legal Director

What our clients say about us

We have also greatly benefited from the excellent work of Usof Shah, Immigration Director, whose expertise has been instrumental in helping our members address critical skills shortages in the construction industry. Usof has provided clear, actionable guidance on immigration laws, empowering our members to legally employ skilled foreign workers and sustain their businesses. His commitment extends beyond traditional legal services - he has delivered live webinars and offered free advice to some of our SME members, which was highly valued and, in several cases, helped save their companies. This combination of deep legal expertise, accessibility, and genuine care for clients' success sets him apart from others in the field.

Throughout my UK career, I came across many solicitors and solicitor firms. But Herrington Carmichael is the best so far. Their quick response, wider knowledge, and straightforward decisions come with a very competitive advisory fee. I can easily recommend them, and I did. Their success rate for me is 100%. In a nutshell, they are brilliant.

The individual deals with my requirements and makes sure I fully understand what he is advising and what the best way to proceed is.

Responsive, commercial, and able to explain immigration requirements in clear, simple terms.

The individuals we work with stand out for being approachable, knowledgeable, and responsive. Usof Shah, in particular, has been extremely professional, helpful, and practical in his advice.

Usof Shah stands out for his strong combination of technical expertise, commercial awareness, and responsiveness. He is able to explain complex immigration matters in a clear and practical way while remaining highly approachable and solutions-oriented throughout the process. What differentiates him from competitors is the level of personal attention and ownership he brings to matters. He is proactive, detail-oriented, and demonstrates a strong understanding of the operational and business needs of his clients rather than approaching matters from a purely technical perspective. I have particularly valued his responsiveness, clear communication, and ability to manage matters efficiently under tight timelines. He consistently provides pragmatic advice and maintains a high level of professionalism, which creates a strong sense of confidence and reliability throughout the engagement.

Usof Shah and his team stood out for their professionalism, responsiveness, and clear communication.

Herrington Carmichael’s team stands out for its strong expertise in immigration matters, combined with a highly personalized and responsive service. Over the past few years, they supported me and three members of my family, managing each of our individual cases efficiently and professionally. Compared to other firms, they are notably more organized and responsive.

Thank you for helping me to apply the exceptional assurance and I got the application succeed very quickly.

Usof was a pleasure to work with and his wealth of knowledge on the topic of immigration law was evident. We collaboratively delivered a successful webinar to hundreds of construction professionals on the post-Brexit immigration system and Usof was able to answer complex questions on the spot, demonstrating his attention to detail and professionalism. We would not hesitate to recommend Usof and Herrington Carmichael.

Usof Shah has been a great source of information and guidance both in setting up to become a sponsor and also in getting candidates sponsored.

The team provides useful guidance and support on the pitfalls and processes of being a sponsor. The team helps set everything up to become a sponsor as well as assisting with processing CoS applications.

Meet our experts

Dedicated professionals ready to assist you.

Usof Shah PNG
Legal Director
Neelu-Gurung-PNG
Paralegal

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

You may gain right of abode through either your parents or you were/are married to a person with right of abode.

Your parents had right of abode

You will have right of abode if all of the following apply:

  • one of your parents were born in the UK and a citizen of the UK and colonies when your were born/adopted
  • on the 31st of December 1982, you were a Commonwealth citizen
  • You did not stop being a Commonwealth citizen after 31 December 1982

Through marriage

The marriage route only applies if you are a female Commonwealth citizen. All of the following must be true:

  • you were married to someone with right of abode before 1 January 1983
  • you have not stopped being a Commonwealth citizen at any point after 31 December 1982

If the person you were married to has another wife or widow who meets the below criteria, you will usually not get right of abode:

  • is in the UK, or has been since her marriage (unless illegally)
  • has a certificate of entitlement to right of abode or enter the UK due to her marriage

You may still have right of abode if:

  • you entered the UK before 1 August 1988 while married, even if your husband has other wives in the UK
  • you’ve only been in the UK since your marriage and at the time were the only wife to your husband to have legally entered the UK.

If you meet the criteria for right of abode, you can apply for a certificate of entitlement that will go in your passport. You will need to apply for a new certificate each time your passport expires.

You cannot get a certificate of entitlement if you have a British passport or if you have a valid certificate in another foreign passport.

The fees charged by Home Office can be found on their official website here.

From inside the UK: It usually takes about 8 weeks from applying online and sending the required documents via post. If approved, your certificate will be sent with your decision letter.

From outside the UK: It can take about 3 weeks from attending an appointment at a visa application centre. If approved, your certificate will be sent with your decision letter.

Your spouse, partner and other dependants will need their own application if they meet the requirements.

No. You will no longer need to pay the healthcare surcharge.

If it was denied due to lack of supporting evidence, your application fee will not be refunded.

You can appeal the decision, this will be explained if your application is rejected. You cannot appeal if your application was denied on or after 6 April 2015.

You can also apply to have your application reconsidered if you think UKVI did not make the decision based on their law or policy.

We have experience in dealing with appeals. Please get in touch so we can chat about how to best appeal your denied application.

If you are applying from in North Korea, you will need to download the application form and follow the guidance to complete it. And then find out where to take your completed form.