Q&As

Can someone who has a right to apply for a British passport, but who does not hold one, apply for entry clearance under the Immigration Rules?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 24/07/2019

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Can someone who has a right to apply for a British passport, but who does not hold one, apply for entry clearance under the Immigration Rules?

All British citizens, and some Commonwealth citizens, have the right of abode in the UK. The concept of right of abode is defined under section 2 of the Immigration Act 1971. Those who have the right of abode in the UK are not subject to immigration control and, subject to limited exceptions, are free to come and go from the UK, provided they are able to establish the right, eg through producing a valid British passport or certificate of entitlement. See: British citizenship and the right of abode—overview.

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