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Encyclopedia > Right of abode

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 does not need permission from the government to enter the country and can live and work there without restriction. In political geography and international politics a country is a geographical entity, a territory, most commonly associated with the notions of state or nation. ...


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. The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... Permanent residency refers to a persons status such that the person is allowed to reside indefinitely within the country despite not having citizenship. ...

Contents

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.  EFTA countries (except Switzerland)  EU countries Together these form the EEA. The European Economic Area (EEA) came into being on January 1, 1994 following an agreement between the European Free Trade Association (EFTA) and the European Union (EU). ... Freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. ...


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) do not 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 the ten new members states have not yet implemented it. Schengen Treaty members are in dark blue, while signatories (where it is not yet implemented) are in light blue. ...  EFTA countries (except Switzerland)  EU countries Together these form the EEA. The European Economic Area (EEA) came into being on January 1, 1994 following an agreement between the European Free Trade Association (EFTA) and the European Union (EU). ...


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 has not 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. German identity document sample An identity document is a piece of documentation designed to prove the identity of the person carrying it. ...


That said, many 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 The interior page of a BDTC passport that has been stamped by the former British immigration authorities to indicate that the bearer has the right of abode in Hong Kong. ...


United Kingdom

See main article: Right of Abode (United Kingdom) Right of Abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the 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. A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations. ... In British nationality law, the term British subject has at different times had different meanings. ...


Irish citizens are given similar rights to Right of Abode holders in the United Kingdom, but they do not hold that status formally, and there are circumstances in which an Irish citizen can be deported from or denied entry to the United Kingdom. Irish nationality law is the law of the Republic of Ireland governing citizenship. ...


Indefinite Leave to Remain and the right of residence given to citizens of European Economic Area nations and Switzerland do not constitute a formal Right of Abode in the United Kingdom. Indefinite Leave to Remain or ILR, is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on his stay and who is free to take up employment, without restriction. ...  EFTA countries (except Switzerland)  EU countries Together these form the EEA. The European Economic Area (EEA) came into being on January 1, 1994 following an agreement between the European Free Trade Association (EFTA) and the European Union (EU). ...


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. A legal classification normally associated with Britains Overseas Territories. ...


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 is 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)

Political map of the Nordic countries and associated islands. ...

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. Since 2001 Australia only grants limited rights. Details
  • Citizens of EEA member states and Switzerland living in each other's country (except the cases above)

See also

Permanent residency refers to a persons status such that the person is allowed to reside indefinitely within the country despite not having citizenship. ... The Common Travel Area includes the UK, the Isle of Man, Jersey, Guernsey, and the Republic of Ireland The Common Travel Area (or, informally, the passport free zone) refers to the fact that citizens of the Republic of Ireland, the United Kingdom and the Crown Dependencies (the Isle of Man... Schengen Treaty members are in dark blue, while signatories (where it is not yet implemented) are in light blue. ... A legal classification normally associated with Britains Overseas Territories. ... Freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. ...

External link

  • Home Office Guide to Right of Abode

  Results from FactBites:
 
Right of abode - Wikipedia, the free encyclopedia (670 words)
Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country.
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.
Right of abode issue, Hong Kong - Wikipedia, the free encyclopedia (2016 words)
The debate erupted on 29 January 1999, when the Hong Kong Court of Final Appeals ruled that the children of parents who have the right of abode in Hong Kong also have the right of abode, irrespective of whether their parents were permanent residents at the time of their birth.
Those with the right of abode would be allowed to live, work, and vote without restriction in Hong Kong, and is considered desirable by many in neighbouring areas as the territory's quality of life is the highest in the region.
The right of abode in Hong Kong is almost identical in nature to citizenship, however the right of abode in Hong Kong confers no legal status in mainland China, while citizens of Hong Kong who are eligible for Hong Kong passports must also be citizens of China and ethnically Chinese.
  More results at FactBites »


 

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