Everything about The Right Of Abode totally explained
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 doesn't 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) don't 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 the Schengen treaty. Switzerland and several of the new member states have not yet fully 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 hasn't 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, a few 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 don't 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 don't 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's 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's a right of residence, but without access to full citizenship rights:
New Zealand citizens in Australia. Since 2001 Australia only grants limited rights.
Citizens of EEA member states and Switzerland living in each other's country (except the cases above)Further Information
Get more info on 'Right Of Abode'.
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