: cs@britishcitizenshiptest.co.uk

Right to Reside in the UK

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Right of Abode Rights in the UK

Right of abode in the UK is the right that gives the authorization to its holders to reside in the country without thinking of time duration. The citizenship or right to abode is naturally given to the UK citizens, but the commonwealth countries citizens have to get the right of abode in the UK after fulfilling certain conditions and prerequisites.

How common wealth country people get the right of abode in the UK?
Process of Naturalization - If any parents of those citizens have the right to abode, then they get it automatically.
Marriage - If they get married to someone who is a natural citizen of the UK.
Time - If anyone was a commonwealth citizen on 31st December 1982 and never stooped being a citizen of the same, then he/she gets the right to abode in the UK.

Marital Conditions of Right to Abode:

If anyone who is trying to get the right to abode in the UK marries someone who already has the right to abode in the UK in the following situations:
  • He/she is marrying has the right to abode in the UK before 1st January 1983.
  • Only females are eligible to get the right to abode by marital condition.
  • If a person has already a wife in the UK, and you marry him then you will not get the right to abode.
  • If your marriage took place on 1st August 1988 or before that date, then despite your husband having other wives, you are entitled to get the right to abode in the UK.

  • In a nutshell, every commonwealth citizen does not hold the right to abode in the right of abode. To get the entitlement you will need the following documents with you when you enter the UK:
  • A UK identity card with the description of yours as the British Citizen
  • A UK Passport
  • Certificate of entitlement issued by the UK authorities
  • In this way, now you have complete information on the rules of getting the right of abode in the UK.

Who Has Residence Rights in the UK

If you want to know about 'Who has residence rights in the UK', then you have for sure come to the right place because we have mentioned everything in detail in this blogpost. Suppose you are a national of the European Economic Area (EEA) and have resided on legal terms in the UK for five years. In that case, you sure have a permanent right to reside in the UK. Legally means that you have lived in the United Kingdom as a 'self-employed' person, 'worker’, a student, a family member or a 'self-sufficient.'

If you haven't lived in the United Kingdom during the five-year period, you still have the right to remain in UK if you don't spend more than half of the 12-month period outside the United Kingdom. If you have a long absence period, then also the absence is valid if it is for essential reasons, including medical and study treatment.

People who have completed their five years of legal residence will need to satisfy their factual habitual residence test to provide proof of the right to reside in the UK.

Read further to know about the 'what is residence rights in the UK.

If you belong to the EEA, i.e., European Economic Area or Switzerland, you will be eligible for benefits if you possess one of the following:
  • Status of settlement from the EU Settlement Scheme
  • British Citizenship
  • Indefinite leave to remain
  • pre-settled status from the European Union Settlement Scheme

Eu right to reside family member

When a European Union national is working in another EU country, then the family members also get permission to reside as well as work in the country, with no regard to their nationality. Even the children have the right to get an education in the country.

Do students have residence rights in the UK?

If you are already living in the United Kingdom on Tier 4 or another visa category, you can apply to reside in the UK.

To become a permanent residence in the United Kingdom, one needs to show proof of stable income, good moral conduct, and proof of a full-time job. They also need to take the Knowledge of Life in the UK test along with an English language test to obtain PR. After finishing the studies, the student can get a full-time job and apply for the 'indefinite leave to remain' after working for five years in the country, and this will give them the 'permanent residence status.

This was all about the “Right to Reside in UK”, after getting the PR, you will reap all the benefits of UK citizenship.