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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Home Office clarifies guidance on ETA rules for dual citizens

On 29 May 2025 the Home Office published guidance covering how the Electronic Travel Authorisation (ETA) scheme will apply for persons who are dual citizens of the UK/Ireland and countries whose nationals require an ETA to visit the UK (if they do not otherwise hold a UK visa). The guidance notes that such persons are not eligible for an ETA. Instead, these individuals must prove their right to travel to the UK by presenting a valid British or Irish passport, or another valid passport that contains a certificate of entitlement to the right of abode. However, it goes on to state that ‘currently’, British dual citizens who do not have a valid British passport but hold a valid passport from ETA-required countries will continue to be allowed to enter the UK on their non-British passport without an ETA.  In an email to stakeholders dated 30 June 2025, the Home Office has confirmed that this is a ‘temporary measure’ during the current ‘transition period’. This means that ‘prior to full enforcement’ of the ETA scheme, it does not expect carriers to deny boarding to dual British or Irish citizens who are travelling only on their non-British/Irish document or without a certificate of entitlement. However, such persons will need to ensure that they make the necessary arrangements prior to the end of this transition period. Presumably this refers to the point that the Home Office brings into force section 76 of the Nationality and Borders Act 2022, which extends carriers liability penalties where a person does not have an ETA but requires one.

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