Right of abode

Dear Mr Bassie,

I am a Jamaican living in the United Kingdom (UK). I am told by my friends that as a Commonwealth citizen, I do have the right to live there. Is this true? And if so, on what grounds can I pursue this. I anxiously await your response.

- V.H.

Dear V.H.,

I believe your friends are referring to is the 'right of abode' to live in the UK by Commonwealth citizens.

If you have the right to live permanently in the UK without any immigration restrictions, this is officially known as right of abode in the UK. This means you do not need an immigration officer's permission to enter and may live and work without restriction.

In the first instance, all British citizens have the right of abode in the UK and some Commonwealth citizens. If you wish to claim this privilege, you must be able to provide certain documents. You may have to produce a UK passport describing you as a British citizen or a British subject with the right of abode; or a UK identity card describing you as a British citizen or a British subject with the right of abode; or a certificate of entitlement to the right of abode in the UK issued by the government or on its behalf.

If you are not a British citizen, you may still have the right of abode if, on December 31, 1982, you were a Commonwealth citizen with a parent who, at the time of your birth or legal adoption, was a citizen of the UK and colonies because he/she was born there; or a female Commonwealth citizen who was, or had been, married to a man who had the right of abode. However, you must have been married to him before January 1, 1983.

Restrictions

Nevertheless, there are restrictions on claiming right of abode. If you were not a Commonwealth citizen on December 31, 1982, or stopped being a Commonwealth citizen (even temporarily) at any time after that date. This, of course, would not apply to you as you are Jamaican. However, just as an example, citizens of South Africa and Pakistan do not have right of abode because those countries left the Common-wealth before 1983 and rejoined it afterwards.

You should note if you are able to gain the right of abode through marriage, you will not be given a certificate of entitlement to right of abode if another living ex-wife or widow of the same man is (or, at any time since her marriage has been) in the UK. This is unless she had entered the UK illegally, or was there as a visitor, or had only temporary permission to stay; or has been given a certificate of entitlement to right of abode or permission to enter the country because of her marriage.

You should note that these restrictions would not apply if you had entered the UK as a wife before August 1, 1988, even if previous wives of the same man are there; or if you have been in the UK at any time since your marriage and at that time you were the only wife of that man to have entered the UK or to have been given permission to do so.

John S. Bassie is a barrister/ attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.