British citizenship and the right of abode

This subtopic covers aspects of British citizenship and the right of abode that are most likely to be dealt with by an immigration adviser in day-to-day practice.

The main legislation governing British citizenship is the British Nationality Act 1981 (BNA 1981). All British citizens, and some Commonwealth citizens have the right of abode in the UK. The concept of right of abode is defined in section 2 of the Immigration Act 1971 (IA 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.

The right of abode

The right of abode in the UK is an immigration status (IA 1971, s 1(1)). A person who has the right of abode is free to live in, and to come and go into and from, the UK, subject only to restrictions to enable the right to be established or which

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Latest Immigration News

Immigration weekly highlights—5 February 2026

Welcome to the 5 February 2026 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Home Office extends offshore well worker concession, and raises salary threshold

The Home Office has extended the offshore well boat workers concession for three more years, until 8 February 2029. It has also raised the minimum annual salary threshold, from £26,200 to £41,700 (the same level as the standard general salary threshold in the Skilled Worker route). The concession allows periods of leave to enter for up to six months at a time to be granted to overseas workers employed by an approved company to work within UK territorial waters on a well boat owned or operated by that company.

House of Commons Library publishes research briefing on British citizens travelling on non-British passports

The House of Commons Library has published a research briefing examining whether British citizens can travel to the UK using a non-British passport. The briefing addresses situations in which British dual nationals may need to travel to the UK without holding a current British passport. It notes that while there is no specific legal requirement for British citizens to travel on a British passport, all British citizens have the right of abode in the UK, which allows entry without immigration restrictions, provided they are able to demonstrate that right when travelling. This is ordinarily done by presenting a valid British passport or a certificate of entitlement to the right of abode, as provided for in the Immigration Rules and the Immigration Act 1971. The introduction of pre-departure checks for UK-bound travellers has meant that the Home Office will require dual nationals to travel with a British passport or certificate of entitlement.

IMA welcomes Home Office removal of travel guidance for pending EUSS applicants

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has announced that it welcomes changes made by the Home Office to travel guidance for EU, European Economic Area (EEA) and European Free Trade Association (EFTA) citizens with pending EU Settlement Scheme (EUSS) applications. The Home Office intends to remove wording advising individuals with a pending application not to travel from Certificates of Application (CoA) issued from 11 February 2026. A CoA confirms a valid application and provides temporary protection of Withdrawal or Separation Agreement rights. The updated advice will apply to all CoA holders, including those already issued.