Indefinite Leave to Remain (ILR) as a Refugee in the UK
Protection status does not stop here; those who have stayed in the UK for five years under this status can now go ahead to apply for Indefinite Leave to Remain (ILR). The confirmation of a permanent residency here in the UK allows you not just to work but also to study, have access to the NHS and public funds, and eventually be eligible to apply for British citizenship, all this without further restrictions in the immigration sector.
Protection status does not stop here; those who have stayed in the UK for five years under this status can now go ahead to apply for Indefinite Leave to Remain (ILR). The confirmation of a permanent residency here in the UK allows you not just to work but also to study, have access to the NHS and public funds, and eventually be eligible to apply for British citizenship, all this without further restrictions in the immigration sector.
About Right of Abode in the UK for Commonwealth Citizens
The Right of Abode (RoA) gives people permanent residence in the UK without any restrictions, as if they were citizens (except for voting and having a UK passport). It is the main target for the citizens of the Commonwealth who have historical or family ties:
- Those who were born before January 1, 1983, in a Commonwealth country to a parent or grandparent who was a citizen or had UK-based rights.
- People with a parent or grandparent born in the UK, the Channel Islands, or the Isle of Man.
- Citizens of a Commonwealth country are also entitled under British Nationality Act provisions (e.g., Citizens of the United Kingdom and Colonies).
RoA holders can:
- Come, live, work, or study in the UK without any limitations
- Use NHS healthcare, education, and public benefits
- No need for ISAs, ILR, or any other formal registration
This status predates the EU Settlement Scheme and remains applicable to a large number of people with unique historical ties. Proof usually means presenting a Certificate of Entitlement in your passport. At ISUK, we guide our clients through the eligibility stages, document collection, and application submission processes to ensure the quickest possible recognition of RoA.
To have the Right of Abode, one must meet specific requirements related to nationality, family background, and previously acquired rights. The conditions are categorized by place of birth, descent, and former nationality status:
1. Commonwealth Citizenship
- You must be a citizen of one of the 54 Commonwealth countries (e.g., Canada, India, Australia).
- You need to possess valid Commonwealth citizenship at the time of your application.
2. Historical UK Citizenship or Connection
- You were born before January 1, 1983, in a Commonwealth country to a parent or grandparent who was a UK citizen or had another form of Right of Abode.
- Your parent was born in the UK before 1983 – you thus obtain RoA by descent.
- You had British citizenship or UC&C status before the 1981 British Nationality Act (came into force in 1983).
3. Possession of National or Citizenship Documentation
- Birth certificates proving parental relationships to the UK.
- Citizenship certificates or passports are indicative of the UK or Commonwealth countries.
- Documents proving parents’ or grandparents’ UK citizenship or RoA.
4. No Need to Meet Financial or Residence Requirements
Right of Abode, different from ILR, does not require:
- Some levels of income
- Living in the UK for specific periods without interruption
- Taking an English language test
5. No Criminal or Immigration Breaches
For example, if you have a minor criminal record, it does not necessarily have to be a reason for rejection, but the situation will be different if you are involved in serious offenses. It is also essential that applicants are not suspected of immigration fraud or deception.
A lawyer from ISUK will guide you through the process of verifying your family tree documents, confirming your family lineage, and establishing your eligibility for the service. We provide you with accurate instructions to ensure that you are not kept waiting unnecessarily due to missing or incorrect evidence.
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At Immigration Solicitors UK, we have expert knowledge in Right of Abode applications and provide customised support:
- Confirm Commonwealth and British heritage
- Guide with historical Cross-Border paperwork
- Gather and verify every piece of information in your Certificate of Entitlement form
- Deal with complicated issues if you have mixed ethnicity, double citizenship, or missing papers
- Offer presence at the Home Office sessions or the appeals
Our legal service provides you with confidence when submitting your application, ensuring that it has a minimal risk of being delayed or rejected. We also suggest what to do next, for instance, obtaining a UK passport if you wish, or preparing for naturalisation later on.
The Certificate of Entitlement (CoE) is a document from the Home Office that certifies your Right of Abode in the United Kingdom. It is a legal ‘stamp’ affixed to your passport. It is a travel document that serves as proof of your status in the UK.
Key Aspects:
- An official declaration that states that you are not under the control of the UK immigration authorities
- Provided as an official page in your travel document by the Home Office
- Given only based on documents without an actual registration of the place of residence
When You Need a CoE:
- When you physically come to the UK by air or sea, both for the first time and in case of re-entry
- Performing activities that require identification, such as opening bank accounts, renting property, or accessing public services
- Submitting applications for the British passport once again, if you have become a citizen
How It Works:
- Your home visa record will not contain any new statements; therefore, if you do not have a stamped passport, you may be asked to provide additional documentation when re-entering.
- The CoE is valid permanently, unless it is fraudulently used or if the holder provides false documents.
- When you renew your passport, if your CoE is still valid, you can take out the old one and put the new one with the stamped page illustrating your entitlement in the same pocket.
ISUK can handle your application, deal with complex ancestry issues, and meet Home Office standards, ensuring that your rights are not compromised during the recognition process.
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- Download Application Form – Fill in the ‘BS95’ form (for Right of Abode) and send it to the office.
- Attach Required Evidence – Provide documents such as UK-born ancestry, Commonwealth citizenship, birth/marital certificates, and any previous UK passports.
- Pay Home Office Fee – Our specialists confirm the current Home Office fee before applying, as the cost is subject to change.
- Mail Passport – Send your valid passport and documents to the Home Office by post.
- Get Confirmation – The Home Office will affix their seal to your passport and send it back within a few weeks.
ISUK will help you prepare your application, verify that the documents are in order, and track the delivery to be certain that your entitlement is processed quickly. We stay in touch with your point of contact until your entitlement is securely stamped.
Right of Abode is a status granted only to a specific group of people. To be eligible, you must be a Commonwealth citizen who has a strong connection with the UK through your ancestors or by having legal rights in the past. The following are the main categories of people who are usually eligible:
- Having been born in a Commonwealth country before 1983, and having at least one parent or grandparent who was born, naturalised, or is a citizen of the UK, the Channel Islands, the Isle of Man, or in a former colony.
- People who had United Kingdom and Colonies (CUKC) citizenship before 1983, if you still had CUKC when it changed into British citizenship.
- Persons who are born abroad to CUKCs and who inherit RoA by descent, if they provide evidence to prove their case.
- Relatives of those to whom RoA has been granted if married/civil partnership before 1983, and if your birth date is before 1983.
- Those who are married to British citizens and have already been given RoA are, in some cases, able to claim via supplementary entitlements.
Key Considerations
- Children born after 1983 will not generally be entitled to derive RoA unless it is the case that your UK parent has RoA by descent and the birth took place before 1983.
- If you become naturalized later in life (after 1983), it is not the case that you are granted RoA automatically—it is usually just citizenship that you get.
- Restored births – if citizenship is affirmed retroactively, you must provide complete documents that serve as proof of your rights.
ISUK guides you step by step to understand the complex historical legal framework, locate the necessary multiple-generation documents, and address any gaps in the lineage. With legal advice, even the most enigmatic ancestry can be charted and confirmed.
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You have to convince the Home Office with a lot of evidence:
- The passport or nationality certificate of a Commonwealth country
- Birth certificates of parents and grandparents showing the UK or the Colony as the place of birth
- Your birth certificate that indicates parental connection
- If the entitlement is coming from the spouse, the marriage or civil partnership certificate
- Proof of past UK citizenship or CUKC status
- Evidence of UK residency or a previous UK passport (optional but helpful)
Here are some common mistakes:
- Not including the middle names or having mismatches between the names of the parents
- Using only photocopies of the documents with seals that are not visible
- Not providing certified English translations in cases where foreign documents have been provided.
ISUK reviews each document to ensure it is in line and authentic, thereby avoiding common pitfalls.
Your entitlement application indeed needs a bundle that is well-arranged:
- Filled BS95 form
- A Commonwealth passport that is valid
- Original CoE supporting evidence (ancestry or documented status)
- Certified translations of any non-English materials
- Residence documents (if relying on former UK citizenship)
- Proof of relationship if entitled by marriage/civil partnership
- Please keep a copy of your passport biodata page.
ISUK is always involved in helping to gather and sort these documents, ensuring compliance with the rules, and logically presenting them for Home Office submissions.
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In case of refusal, the Home Office will give you some reasons, such as:
- Evidence of ancestry is not sufficient
- Mismatch of citizenship or wrong nationality category
- Use of expired or non-matching documents
- Criminal record or deceit in immigration
You are entitled to appeal or request an administrative review. ISUK rapidly examines the errors in refusal, files mistakes, and represents you during the appeal or the resubmission of the case. Do not waste time unnecessarily—usually, a legal check after filling out a questionnaire is enough to get the decision reversed.
They are not the same – the two terms refer to permanent residence, but there are some differences:
- Right of Abode: Passed mainly through family or lawful historical rights; needs some kind of paper, and it is unlimited.
- Settled Status (ILR or EU Settlement Scheme): This is for individuals from the EU or other countries who must have lived in the UK legally for 5 years and renew their status periodically. The status will remain valid for 2 years if the person remains abroad.
Right of Abode is the same as having an ILR, but it is not dependent on your visa. ISUK can assist you in recovering your rights or in becoming a British citizen through a passport application.
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How Long Will It Take to Process My Certificate of Entitlement?
More than likely, those below are approximate times for processing your application (however, things may change).
- Standard service: 6–8 weeks
- Priority service: 2–3 weeks (fee applies)
- Express options: Usually 5–7 working days (limited availability)
Some of the reasons why the time might change are the completeness of the documents, the current workload of the Home Office, and the busyness of the citizenship process.
ISUK facilitates the process by ensuring the application is submitted on time, selecting the most suitable service level, monitoring your case until delivery, and providing your entitlement status continuously via the service.
FAQ
Frequently Asked Questions
What is Right of Abode?
A status that grants lifetime unrestricted residence in the UK, usually by descent or through historical nationality.
Who qualifies for RoA?
Citizens of the Commonwealth who were born before 1983 and have UK-born parents/grandparents, or are of UK/Colony status historically.
What is a Certificate of Entitlement?
A passport from the Home Office with a stamp that confirms your Right of Abode.
Do I need to live in the UK to hold RoA?
No, while RoA gives you the right to live in the UK, it doesn’t mean you have to stay there permanently.
Is RoA the same as a UK passport?
No, it does not confer citizenship or the right to hold a UK passport; however, it can be the first step towards naturalisation.
Can RoA be revoked?
Yes, but only in cases of deception or if the person has committed serious crimes.
Is Settled Status different from RoA?
Yes: The settled status is for people who have lived in the UK for 5 years, while RoA is a status that can be inherited or obtained through ancestry.
How do I apply for RoA entitlement?
Fill out Form BS95, along with the required evidence documents, pay the fee, and submit your passport to the Home Office.
Can my children get RoA too?
Yes, if they conform to the requirements for descent and their date of birth falls within the permissible period.
Can ISUK help if my RoA is refused?
Indeed, we offer you the right kind of support if you want to appeal or reapply.