Right of abode

The right of abode refers to an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction.

Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. Those with permanent residency of the country generally have a de-facto right of residence but it can be revoked in certain circumstances, for example for being convicted of crimes.

EU, EEA, and the Schengen treaty

Citizens of the European Economic Area (the European Union plus Iceland, Liechtenstein, and Norway) and Switzerland enjoy the freedom to travel and work in any European Union country without a passport or visa, although transitory dispositions may restrict the rights of citizens of new member states to work in other countries.

However rights to reside in another EU/EEA state are not absolute. In particular they can be refused to those who depend on social assistance, and those who commit crimes may be deported.

Schengen Treaty

Countries that have signed and applied the Schengen treaty (a subset of the EEA) do not implement border controls between each other, unless exceptional circumstances apply. The EEA countries (with the exception of the UK and Ireland) and Switzerland have signed Schengen treaty. Switzerland and the ten new members states have not yet implemented it.

As a consequence of this, for instance, a French citizen may travel to the United Kingdom, another EEA member state, and then freely live and work in that country. But since the UK has not signed the Schengen treaty, he can be required to present a passport or ID card when entering the UK. This requirement applies similarly to British citizens migrating to France. On the other hand, when Switzerland applies the Schengen treaty, the French citizen will be able to travel to Switzerland without being stopped at the border.

That said, many European countries require all persons to carry an identity card or passport and proof of nationality is normally required to take up residence in any member state. Thus, while the Schengen Treaty facilitates the movement of persons across frontiers, it makes no substantive difference to residence rights.

Hong Kong

See main article: Right of abode issue, Hong Kong

United Kingdom

See main article: Right of Abode (United Kingdom)

All British citizens have the Right of Abode in the United Kingdom. In addition, Right of Abode is conferred on certain Commonwealth citizens and British subjects born before 1983.

Irish citizens are given similar rights to Right of Abode holders in the United Kingdom, but they do not hold that status formally, and there are circumstances in which an Irish citizen can be deported from or denied entry to the United Kingdom.

Indefinite Leave to Remain and the right of residence given to citizens of European Economic Area nations and Switzerland do not constitute a formal Right of Abode in the United Kingdom.

British Overseas Territories

All British overseas territories operate their own immigration controls which apply to British citizens as well as to those from other countries. These territories generally have local immigration laws regulating who has Belonger status in that territory.

De-Facto Right of Abode

The immigration laws of some countries give a de-facto right of abode to citizens of other specified countries.

Full Permanent Resident

This includes cases where there is access to citizenship:

• New Zealand grants Australian citizens full permanent resident rights in New Zealand
• The United Kingdom and Republic of Ireland grant automatic permanent residency to each other's citizens
• Full permanent residency rights exist between the countries of the Nordic Council (Norway, Sweden, Finland, Denmark and Iceland)

As Long Term Temporary Residents

In these cases there is a right of residence, but without access to full citizenship rights:

• New Zealand citizens in Australia. Since 2001 Australia only grants limited rights. Details
• Citizens of EEA member states and Switzerland living in each other's country (except the cases above)

See also

• Permanent residency
• Common Travel Area
• Schengen Treaty
• Belonger status
• Free movement of workers

External link

• Home Office Guide to Right of Abode