Right of abode

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The right of abode is 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can live and work there without restriction, and is immune from removal and deportation (unless the right of abode has been revoked).

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Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country. However, some countries grant the right of abode for qualified non-citizens. This is distinct with the commonly-called right to land, right to live or right of residence, e.g. with permanent residency of the country generally have a de facto right of residence, but it can be revoked in certain circumstances (unlike a citizenship which can only be revoked in very limited circumstances such as fraud or national security concern), for example, conviction of crimes, or in some countries, prolonged absence from said country, and in many cases, such persons are not free from immigration control.

Right of abode by region

EU, EEA, and the Schengen Agreement

Citizens of the European Economic Area (the European Union plus Iceland, Liechtenstein, and Norway) and Switzerland enjoy the freedom to travel to, live in, and work in any participating country without needing a work permit or visa, although transitory dispositions may restrict the rights of citizens of new member states to work in other countries. This is defined by the Directive 2004/38/EC on the right to move and reside freely.

However, rights to live in another EU/EEA state are not absolute. To reside in another EU/EEA state, one must either be working, job-hunting, a student, or otherwise have sufficient financial resources and health insurance to ensure they do not become a burden on the social services of the host country. States may also require nationals of other EU/EEA states to register their presence with the authorities after a certain period of time. EU/EEA states may deport nationals of other EU/EEA states and issue exclusion orders against them on grounds of public policy, public security, or public health. For example, those who commit serious crimes or come to rely on welfare may be deported. However, those subjected to such exclusion orders must be able to appeal them after a maximum period of three years, as per EU regulations. Under no circumstances can an EU/EEA state exclude a national of another EU/EEA state for life.

Any EU/EEA national who completes a five-year period of uninterrupted legal residence in another EU/EEA state becomes eligible for permanent residence, after which their presence is no longer subjected to any conditions, and they may apply for benefits that would previously have been grounds for removal, such as welfare. Permanent residency can only be revoked after a two-year absence.

Schengen Agreement

Nearly all EU/EEA countries are part of the Schengen Area; a group of countries that have signed the Schengen Agreement, which abolishes border controls between participating states, although it allows border controls to be temporarily set up in exceptional circumstances. The EEA countries and Switzerland have signed the Schengen treaty. Several of the new member states have not yet fully implemented it.

However, 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 Agreement facilitates the movement of persons across frontiers, it makes no substantive difference to residence rights.

Nordic Passport Union

The Nordic Passport Union gives the citizens of Nordic countries the right to freely travel to and reside in other Nordic countries without a passport or residence permit.

Gulf Cooperation Council

Citizens of member states of the Gulf Cooperation Council (GCC) have freedom of movement throughout the GCC, including the right to reside and work in other GCC states with almost no restrictions.

Hong Kong

Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in some Legislative Council constituencies, unless they also naturalise as Chinese citizens.

As a special administrative region of China, Hong Kong does not have its own nationality law and natural-born residents are generally Chinese citizens. Prior to 1997, the territory was a colony of the United Kingdom and right of abode was tied to British nationality law. Although Hong Kong, mainland China, and Macau constitute a single country, local residents with Chinese citizenship do not have automatic residence rights in either of the other two jurisdictions, which both control immigration separately. Conversely, mainland Chinese and Macanese residents do not automatically have residence or employment rights in Hong Kong.

Macau

In Macau immigration law, the right of abode (Chinese :居留權, Portuguese: Direito de Residência) [1] entitles a person to live and work without any restrictions or conditions of stay. Individuals with this right are called permanent residents. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports unless they also naturalise as Chinese citizens.

As a special administrative region of China, the territory does not have its own nationality law and natural-born residents are generally Chinese citizens. Prior to 1999, the region was a colony of Portugal and right of abode was tied to Portuguese nationality law. Although Macau, mainland China, and Hong Kong constitute a single country, local residents with Chinese citizenship do not have automatic residence rights in either of the other two jurisdictions, which both control immigration separately. Conversely, mainland Chinese and Hong Kong residents do not automatically have residence or employment rights in Macau.

Taiwan

A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, cannot vote in Taiwanese elections, and are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status. [2]

Common Travel Area

The Common Travel Area (CTA) consists of the United Kingdom, Republic of Ireland, and the UK's surrounding island territories. British and Irish citizens can move freely throughout the CTA without a passport and only minimal identity documents, and are subject to virtually no immigration controls. Citizens of both countries enjoy the right to live and work throughout the CTA with minimal restriction.

Deportation of British or Irish citizens

Unlike other EU/EEA nationals, Irish citizens who move to the UK are granted a "settled status", a status that goes beyond indefinite leave to remain. Irish nationals eligible for deportation are treated more leniently than other EU/EEA nationals, and are not automatically subjected to deportation procedures when convicted of crimes, as Parliament has considered "the close historical, community and political ties between the United Kingdom and Ireland, along with the existence of the Common Travel Area." [3] Irish citizens are therefore legally subject to deportation from the UK only where recommended by a court in sentencing or in exceptional circumstances where that deportation is in the public interest. [4]

Irish law provides even stronger protections for British citizens. British citizens are completely exempt from deportation from Ireland, and are almost never treated as foreigners by law.

Commonwealth citizens in the UK

In addition, some nationals of member states of the Commonwealth of Nations are considered Commonwealth citizens, and have various rights in other Commonwealth countries, including the UK, such as the right-of-abode and the right to vote. In addition, British subjects born before 1984 have the right-of-abode.

If a person has a British mother and was born before 1984 then under section 2(1)(b) of the Immigration Act 1971 they are considered to have the same rights as a British citizen. [ failed verification ] The right-of-abode is conferred automatically on such persons and they are issued a certificate on their passport.

Under exceptions in section 7 of the Immigration Act 1971, a long-term resident Irish or Commonwealth citizen in the UK is granted immunity from deportation, similar to British or other Commonwealth citizens who hold right-of-abode by virtue of a residency term of at least five years in the United Kingdom. These exceptions do not apply to other nationalities with leave to remain in the United Kingdom. [5]

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.

United Kingdom

The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. [6] It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.

The right of abode is the most common immigration status in the UK due to its association with British citizenship. However, it should not be confused with the indefinite leave to remain (ILR), another form of long-term residency status in the UK which is more comparable to other countries' permanent residence status.

Canada

Under the constitution, all Canadian citizens have the right to enter and remain in the country. Permanent residents are also conferred the right to reside and pursue a livelihood in any province or territory without restriction. [7] This makes permanent residents the only foreign citizens with right of abode. However, permanent residents can also face revocation of this status under the Immigration and Refugee Protection Act.

Pakistan

The Pakistan Origin Card (POC) is issued to eligible foreigners, particularly those of Pakistani origin, who do not possess Pakistani citizenship, and offers its holders various benefits, including right of abode in the country. POC holders are also granted the right to engage in property transactions, open and operate bank accounts, and secure employment in Pakistan. Furthermore, the POC serves as a substitute for a National Identity Card for its holders. [8] [9]

The POC is distinct from the National Identity Card for Overseas Pakistanis (NICOP), which is issued to Pakistani nationals residing abroad who hold dual citizenship. [9] [10]

De facto right of abode

The nationality laws of many countries allow foreign citizens to reside permanently in the country without seeking citizenship. This status is usually accorded following application and selection based on a variety of criteria. In Australia, Canada, New Zealand and the United States among others, foreign residents who have the right to reside permanently in the country are given the legal definition of designation of "permanent resident". Although not conferring all the rights and privileges of citizenship, it allows such individuals to enter freely as well as to take advantage of social programs and other services offered to citizens. Nonetheless, this still remains a "de facto" form of right of abode because it can be revoked in accordance with the law.

Full permanent resident

This includes cases where there is access to citizenship:

As long-term temporary residents

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

See also

Related Research Articles

Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in some Legislative Council constituencies, unless they also naturalise as Chinese citizens.

<span class="mw-page-title-main">Permanent residency in Canada</span> Category of nationality rights

Permanent residency is a status granting someone who is not a Canadian citizen the right to live and work in Canada without any time limit on their stay.

<span class="mw-page-title-main">Indefinite leave to remain</span> British immigration status

Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).

<span class="mw-page-title-main">Permanent residency</span> Status of a person in a country

Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).

<span class="mw-page-title-main">British National (Overseas)</span> Class of British nationality

British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for colonial subjects; current residents cannot newly acquire this nationality.

<span class="mw-page-title-main">British Overseas citizen</span> Type of British national associated with former colonies

A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its remaining overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.

<span class="mw-page-title-main">Belonger status</span> Legal status recognizing close ties to a specific territory

Belonger status is a legal classification normally associated with British Overseas Territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.

<span class="mw-page-title-main">British nationality law and Hong Kong</span> Status of Hong Kong people in United Kingdom law

British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life.

<span class="mw-page-title-main">History of British nationality law</span> History of United Kingdom citizenship and related concepts

This article concerns the history of British nationality law.

Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.

<span class="mw-page-title-main">Right of abode in the United Kingdom</span> British immigration status

The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.

<span class="mw-page-title-main">Birth tourism</span> Travel to give birth in another country

Birth tourism is the practice of traveling to another country or city for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship. Such a child is sometimes called an "anchor baby" if their citizenship is intended to help their parents obtain permanent residency in the country. Other reasons for birth tourism include access to public schooling, healthcare, sponsorship for the parents in the future, hedge against corruption and political instability in the children’s home country, or even circumvention of China's two-child policy. Popular destinations include the United States and Canada. Another target for birth tourism is Hong Kong, where some mainland Chinese citizens travel to give birth to gain right of abode for their children.

<span class="mw-page-title-main">Travel document</span> Identity document issued by a government or international entity

A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them.

<span class="mw-page-title-main">Citizens' Rights Directive</span> EU directive defining right of free movement

The Citizens' Rights Directive 2004/38/EC sets out the conditions for the exercise of the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate multilateral sectoral agreement on free movement with the EU and its member states.

<span class="mw-page-title-main">British passport (Gibraltar)</span>

The Gibraltar variant British passport is a British passport issued to British Citizens and British Overseas Territory Citizens who work or live in Gibraltar. Having Gibraltarian status alone, without being resident in Gibraltar, is insufficient to obtain a Gibraltar Passport. Gibraltar passports are issued by the Passport Office of the Gibraltar Civil Status and Registration Office. Since 2005, passports issued in Gibraltar have been biometric.

<span class="mw-page-title-main">British nationality law</span> History and regulations of British citizenship

The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies, and the 14 British Overseas Territories.

The Hong Kong Basic Law classifies residents of the Hong Kong Special Administrative Region as either permanent residents or non-permanent residents. Hong Kong residents have rights under the Basic Law including freedom of speech, freedom of movement and freedom of religious belief.

Multiple citizenship is a person's legal status in which the person is at the one time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention which determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.

A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, cannot vote in Taiwanese elections, and are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status.

In Macau immigration law, the right of abode entitles a person to live and work without any restrictions or conditions of stay. Individuals with this right are called permanent residents. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports unless they also naturalise as Chinese citizens.

References

  1. Migração, fixação de residência - Certificado de Confirmação do Direito de Residência - gov.mo
  2. Chen, Yuren 陳郁仁; Tang, Zhenyu 唐鎮宇 (August 16, 2011). "無戶籍國民 返台將免簽" [Nationals without household registration returning to Taiwan will soon be visa-exempt]. Apple Daily (in Chinese). Archived from the original on February 4, 2020. Retrieved October 10, 2019.
  3. Westminster, Department of the Official Report (Hansard), House of Lords. "Lords Hansard text for 19 Feb 200719 Feb 2007 (pt 0001)". www.publications.parliament.uk.{{cite web}}: CS1 maint: multiple names: authors list (link)
  4. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/870578/HCB104-explanatory-notes-immigration-Bill-2020.pdf [ bare URL PDF ]
  5. section 7 of the Immigration Act 1971
  6. "Prove you have right of abode in the UK". Gov.uk. Retrieved 16 November 2018.
  7. "Consolidated federal laws of canada, THE CONSTITUTION ACTS, 1867 to 1982". 7 August 2020.
  8. "Pakistan Origin Card (POC)". NADRA Pakistan. 9 October 2015. Retrieved 2023-06-28.
  9. 1 2 "NICOP/POC/FRC". Consulate General of Islamic Republic of Pakistan - Frankfurt am Main. Retrieved 2023-06-28.
  10. "National Identity Card for Overseas Pakistanis (NICOP)". PAK ID. NADRA Pakistan. 2018-12-19. Retrieved 2023-06-28.