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The right of abode is an individual's freedom from immigration control in a particular
country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity, who are organized by some form of Institutionalisation, institutionalized social ...

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 Deportation is the expulsion of a person or group of people from a place or country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective i ...
(unless the right of abode has been revoked). Generally, in order to have the right of abode in a certain country, a person must be a
citizen Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. Each state determines the conditions under which it will recognize persons as its citizens, and t ...

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 Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is ...
of the country generally have a ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to th ...
'' right of residence, but it can be revoked in certain circumstances (unlike a
citizenship Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. Each state determines the conditions under which it will recognize persons as its citizens, and t ...

citizenship
which can only be revoked in very limited circumstances such as fraud or national security concern), for example for being convicted of crimes, or in some countries, prolonged absence from it, and in many cases, such persons are not free from the immigration control.


EU, EEA, and the Schengen Agreement

Citizens of the
European Economic Area The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union The European Union (EU) is a political and economic un ...

European Economic Area
(the
European Union The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a which is also recognised as part of , located entirely in the and mostly in the . It comprises the wester ...

European Union
plus
Iceland Iceland ( is, Ísland; ) is a Nordic Nordic most commonly refers to: * Nordic countries, written in plural as Nordics, the northwestern European countries, including Scandinavia, Fennoscandia and the List of islands in the Atlantic Ocean#N ...

Iceland
,
Liechtenstein Liechtenstein ( ; ), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German-speaking The German language (, ) is a West Germanic language mainly spoken in Central Europe Central Europ ...

Liechtenstein
, and
Norway Norway, officially the Kingdom of Norway,Names in the official and recognised languages: Bokmål Bokmål (, ; literally "book tongue") is an official written standard for the Norwegian language Norwegian (Norwegian: ''norsk'') is a Nort ...

Norway
) and
Switzerland , french: Suisse(sse), it, svizzero/svizzera or , rm, Svizzer/Svizra , government_type = Federalism, Federal semi-direct democracy under an assembly-independent Directorial system, directorial republic , leader_title1 = Fe ...

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 The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and ...
. 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 The Schengen Area ( , ) is an area comprising 26 Europe Europe is a continent A continent is any of several large landmass A landmass, or land mass, is a large region In geography Geography (from Greek: , ''ge ...

Schengen Area
; a group of countries that have signed the
Schengen Agreement The Schengen Agreement ( , ) is a treaty which led to the creation of Europe's Schengen Area The Schengen Area ( , ) is an area comprising 26 European countries that have officially abolished all passport and all other types of border ...
, 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 The Nordic Passport Union allows citizens Citizenship is the Status (law), status of a person recognized under the law of a country (and/or local jurisdiction) of belonging to thereof. In international law it is membership to a sovereign stat ...
gives the citizens of
Nordic countries The Nordic countries (also known as the Nordics or ''Norden''; lit. 'the North') are a geographical and cultural region In geography, regions are areas that are broadly divided by physical characteristics (physical geography), human impac ...

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 The Cooperation Council for the Arab States of the Gulf ( ar, مجلس التعاون لدول الخليج العربية), originally (and still colloquially) known as the Gulf Cooperation Council (GCC, ), is a regional intergovernmental organ ...
(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


Taiwan


Common Travel Area

The
Common Travel Area The Common Travel Area (CTA; ga, Comhlimistéar Taistil) is an open border An open border is a border that enables free movement of people (and often of goods) between jurisdictions with few or no restrictions on movement, that is lacking ...
(CTA) consists of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
,
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland ('), is a country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective id ...

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 Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode The right of abode is an individual's freedom from immigration control in a particular country. A ...
. 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." 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. Irish law provides similar protections for British citizens. British citizens are virtually exempt from deportation from Ireland, and are almost never treated as foreigners by law, although there are exceptions to this rule.


Commonwealth citizens in the UK

In addition, some nationals of member states of the
Commonwealth of Nations The Commonwealth of Nations, generally known simply as the Commonwealth, is a political association of 54 member states, almost all of which are former territories A territory is an administrative division, usually an area that is under the ...

Commonwealth of Nations
are considered
Commonwealth citizen A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations The Commonwealth of Nations, generally known simply as the Commonwealth, is a political association of 54 member states, almost all of which are former ...
s, 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 subject The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all citizens of the British Empire The British Empire was composed of the dominions, Crown colony, colonies, pro ...
s 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 The Immigration Act 1971c 77 is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown ...
they are considered to have the same rights as a British citizen. 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.


British Overseas Territories

All
British Overseas Territories The British Overseas Territories (BOTs), also known as United Kingdom Overseas Territories (UKOTs), are fourteen dependent territory, territories all with a constitutional and historical link with the United Kingdom. They are remnants of the B ...

British Overseas Territories
operate their own immigration controls which
apply to British citizens
apply to British citizens
as well as to those from other countries. These territories generally have local immigration laws regulating who has
belonger status 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 ...
in that territory.


United Kingdom


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. 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 The ''Immigration and Refugee Protection Act'' (''IRPA'') is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada, Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency, C ...
.


''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: * New Zealand grants Australian citizens/permanent residents full permanent resident rights in New Zealand. * The United Kingdom and Ireland grant automatic permanent residency to each other's citizens. * Full permanent residency rights exist between the countries of the
Nordic Council The Nordic Council is the official body for formal inter-parliamentary Nordic cooperation among the Nordic countries. Formed in 1952, it has 87 representatives from Denmark, Finland, Iceland, Norway, and Sweden as well as from the autonomous are ...

Nordic Council
(Norway, Sweden, Finland, Denmark and Iceland).


As long-term temporary residents

In these cases there is a right of residence but without access to full citizenship rights: * New Zealand citizens in Australia, but since 2001, Australia grants only limited rights. * Citizens of
EEA
EEA
member states and Switzerland living in each other's country (except the cases above). * Most citizens of the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI) and the Republic of Palau may live and work in the United States, and most U.S. citizens and their spouses may live and work in those states under a Compact of Free Association with the United States.


See also

*
Belonger status 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 ...
*
Common Travel Area The Common Travel Area (CTA; ga, Comhlimistéar Taistil) is an open border An open border is a border that enables free movement of people (and often of goods) between jurisdictions with few or no restrictions on movement, that is lacking ...
*
Free movement of workers The freedom of movement for workers is a policy chapter of the Acquis, acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another membe ...
*
Nationality law Nationality law is the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment ...
*
Permanent residency Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is ...
*
Right of return The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of ...
*
Schengen Treaty The Schengen Agreement (; ) is a treaty which led to the creation of Europe's Schengen Area The Schengen Area (; ) is an area comprising 26 European countries that have officially abolished all passport and all other types of border cont ...


References

*Leonard, Thomas M.: ''Encyclopedia of the Developing World''


External links


UK Home Office guide to right of abode
*http://untreaty.un.org/unts/1_60000/5/32/00009566.pdf {{DEFAULTSORT:Right Of Abode Human migration