The right of abode is a statutory right, which a person either has or does not have, depending on whether they meet the conditions in section 2 of the 1971 Act. Under s.2A of the 1971 Act, the right of abode can be taken away.

Who has right of abode?

Section 2 of the 1971 Act, as amended by s.39(2) of the British Nationality Act 1981 (BNA 1981), defines the two categories of people who currently have the right of abode:

• British citizens; and

• Commonwealth citizens who had the right of abode before 1 January 1983 and who have not, since then, ceased to be Commonwealth citizens.

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