Right of abode: flow chart (accessible)
Updated 23 June 2023
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This publication is available at https://www.gov.uk/government/publications/right-of-abode-nationality-policy-guidance/right-of-abode-flow-chart-accessible
CUKC with right of abode in the United Kingdom on 31 December 1982
This flow chart enables you to assess whether a citizen of the United Kingdom and Colonies had the right of abode on 31 December 1982. Before using this chart, you should establish that the claimant was, on 31 December 1982, a CUKC.
Statutory references are to sections of the Immigration Act 1971 as in force on 31 December 1982.
1. Was the claimant a CUKC (see note E) by birth, adoption, naturalisation or registration (see note A) in the UK (see note B)?
Yes
Claimant had the right of abode on 31 December 1982, under s.2(1)(a).
No
Go to question 2.
2. Was either of the claimant’s parents (see note C) a CUKC (see note E) when the claimant was born or legally adopted (see note D)?
Yes
Go to question 3.
No
Go to question 5.
3. Was the parent at that time a CUKC (see note E) by birth, adoption (see note D), naturalisation or registration (see note A) in the UK (see note B)?
Yes
Claimant had the right of abode on 31 December 1982, under s.2(1)(b)(i).
No
Go to question 4.
4. Was either of that parent’s parents (see note C) when the parent was born or legally adopted (see note D) a CUKC (see note E) by birth, adoption (see note D), naturalisation or registration (see note A) in the UK (see note B)?
Yes
Claimant had the right of abode on 31 December 1982, under s.2(1)(b)(ii).
No
Go to question 5.
5. Is the claimant a woman?
Yes
Go to question 6.
No
Go to question 7.
6. Was she ever married at any time before 1 January 1983 to a Commonwealth citizen (see note F) who had the right of abode?
Yes
Claimant had the right of abode on 31 December 1982, under s.2(2).
No
Go to question 7.
7. Had the claimant, whilst a CUKC (see note E) been ordinarily resident in the UK (see note B) for 5 years at any time before 1 January 1983, and was he at the end of that period settled here?
Yes
Claimant had the right of abode on 31 December 1982, under s.2(1)(c).
No
Claimant did not have the right of abode on 31 December 1982.
Notes
A: The term ‘registration in the United Kingdom’ includes registration in an independent Commonwealth country by the British High Commissioner (includes the British Ambassador to South Africa between 31.5.62-31.12.65 inclusive) by virtue of arrangements made under s.8(2) of the British Nationality Act 1948 except in the case of a minor registered under s.7 of the British Nationality Act 1948 on or after 28 October 1971. The term ‘registration in the United Kingdom’ does not include the registration of a woman (wherever the registration took place) under s.6(2) of the 1948 Act by virtue of a marriage which took place on or after 28 October 1971. A woman who does not have the right of abode through her registration may nevertheless have it through her husband.
B: The term ‘United Kingdom’ includes the Channel Islands and the Isle of Man and, in relation to a time before 31 March 1922, the part of Ireland which now forms the Republic of Ireland.
C: In the case of an illegitimate child, the term ‘parent’ does not include the natural father. However, a child may in certain circumstances be legitimated by the parents’ subsequent marriage. The term ‘parent’ includes the adoptive parents of a child who has been legally adopted (see note D).
D: Legally adopted means adopted in pursuance of an Order made by any court in the United Kingdom and Islands or in a country specified under s.4 of the Adoption Act 1968.
E: In relation to any time before 1 January 1949, the term ‘British subject’ should be substituted for ‘citizen of the United Kingdom and Colonies’.
F: The term ‘Commonwealth citizen’ includes citizens of the United Kingdom and Colonies (except where it appears in s.2(1)(d) of the Immigration Act 1971). The only way in which a man who was a citizen of the Commonwealth country but not a citizen of the United Kingdom and Colonies could have the right of abode before 1 January 1983 was by having a parent (see note C) who was at the time of the birth or adoption (see note D) a citizen of the United Kingdom and Colonies (see note E) by birth in the United Kingdom (see note B). The term ‘Commonwealth citizen’ also includes a British subject who, but for death, would have become a citizen of the United Kingdom and Colonies on 1 January 1949 and would have had the right of abode under s.2(1)(a) or (b) of the Immigration Act 1971 as in force on 31 December 1982.