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—9 October 2025

Welcome to the 9 October 2025 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.

MAC reports on Stage 1 of Temporary Shortage List review

The Migration Advisory Committee (MAC) has published the first stage of its 12-month review of the Temporary Shortage List (TSL), which was commissioned by the previous Home Secretary Yvette Cooper MP on 2 July 2025. The first-stage document provides recommendations for the design of the TSL, and a list of occupations which the MAC considers should proceed to Stage 2 for further consideration due to their potential importance for delivery of the Industrial Strategy or critical infrastructure. A summary of the report is set out below.

Home Office appoints John Tuckett as Independent Chief Inspector of Borders and Immigration

The Home Office has announced the appointment of John Tuckett as the new Independent Chief Inspector of Borders and Immigration (ICIBI), following pre-appointment scrutiny by the Home Affairs Select Committee earlier in 2025. Tuckett replaces David Bolt, who has served as interim ICIBI since June 2024. The ICIBI monitors and reports on the efficiency and effectiveness of the UK's border, immigration and citizenship system, making recommendations directly to the Home Secretary. The government is also recruiting a new Immigration Services Commissioner to replace Tuckett in that role, with the appointment expected to be confirmed in due course.

Conservatives announce plans to withdraw from the ECHR and abolish the Immigration Tribunal

The leader of the Conservative party, Kemi Badenoch MP, announced at the party conference on 5 October 2025 that the next Conservative election manifesto will contain a commitment to leave the European Convention on Human Rights (ECHR) and repeal the Human Rights Act 1998. This follows the completion of an advice document by the Shadow Attorney General, Lord Wolfson, which looked at whether remaining signed up to the Convention would constrain a future Conservative government in the following areas: making a ‘stringent’ border policy possible; protecting soldiers from ‘vexatious’ legal claims, especially over Northern Ireland and overseas operations; placing blanket restrictions on foreign nationals in terms of social housing and benefits; setting mandatory sentences for serious crimes and banning ‘disruptive’ protests; and delivering infrastructure and energy projects without extensive human rights and climate-based litigation. In his separate address to the conference, the Shadow Home Secretary, Chris Philp MP, asserted that current judicial interpretations of the ECHR impede effective border control and the deportation of foreign offenders. He also announced that, following withdrawal, the party proposed to legislate for a Borders plan that would prohibit all asylum and other claims made by those entering the UK unlawfully, including those arriving by small boats. Such individuals would be removed immediately to their country of origin, or, where that is not possible, to a designated safe third country such as Rwanda, within one week of arrival.