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Statutory Instruments

2006 No. 3145

immigration

The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006

Made

23rd November 2006

Laid before Parliament

29th November 2006

Coming into force

21st December 2006

The Secretary of State, in exercise of the powers conferred by section 10(1) of the Nationality, Immigration and Asylum Act 2002(1), makes the following Regulations:

Citation, commencement and interpretationI1

1. These Regulations may be cited as the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 and shall come into force on 21st December 2006.

I2

2. In these Regulations—

“the 1971 Act” means the Immigration Act 1971 ( 2 );

“the 1981 Act” means the British Nationality Act 1981 ( 3 );

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 ;

[F1 “the 2008 Act ” means the Human Fertilisation and Embryology Act 2008 F1] ;

“appropriate authority” means the authority to whom an application for a certificate of entitlement must be made, as determined in accordance with regulation 3;

“certificate of entitlement” means a certificate, issued in accordance with these Regulations, that a person has the right of abode in the United Kingdom;

[F2 “ digital certificate of entitlement ” means an online record issued under regulation 7(1)(b) of these Regulations. F2]

[F2 “ linked ” means that the digital certificate of entitlement is connected to the passport or travel document via an online UK Visas and Immigration account. F2]

[F2 “ online UK Visas and Immigration account ” means an online account maintained by the Secretary of State for the Home Department that, for the purpose of these Regulations, allows individuals to digitally access, manage and share confirmation that they hold the right of abode. F2]

F3...

F3...

“passport” includes a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.

[F4Authority to whom an application must be made

case3. An application for a certificate of entitlement must be made—

(a)if the applicant is in any of the Channel Islands or the Isle of Man, to the Lieutenant-Governor or the Secretary of State for the Home Department; or

(b)in any other case, to the Secretary of State for the Home Department.F4]

Cases considering this provision (1)

Form of application

case[F5 4.—(1) Subject to paragraph (2), an application for a certificate of entitlement must be accompanied by—

(a)the applicant’s passport or travel document;

(b)two photographs of the applicant taken no more than 6 months prior to making the application; and

(c)the additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description specified in the corresponding entry in the left hand column.

(2) The requirement in paragraph (1)(c) may be waived in relation to a particular document if the appropriate authority—

(a)is satisfied that it is appropriate to do so in light of the facts of the particular case; and

(b)is otherwise satisfied that the applicant has a right of abode in the United Kingdom.F5]

Cases considering this provision (3)

I3

5. A passport produced by or on behalf of a person is valid for the purposes of regulation 4 if it—

(a)relates to the person by whom or on whose behalf it is produced;

(b)has not been altered otherwise than by or with the permission of the authority who issued it; and

(c)[F6 is in date, has not been cancelled or reported lost or stolen andF6] was not obtained by deception.

Issue of certificate of entitlementI4

case6. A certificate of entitlement will only be issued where the appropriate authority is satisfied that the applicant—

(a)has a right of abode in the United Kingdom under section 2(1) of the 1971 Act(4);

[F7 (b)is not a person who holds:

(i)a United Kingdom passport describing him as a British citizen,

(ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or

(iii)a certificate of entitlement [F8 unless the circumstances in regulation 7(2) applyF8] ;F7]

(c)is not a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988(5) (restrictions on exercise of right of abode in cases of polygamy); and

(d)is not a person who is deprived of his right of abode by an order under section 2A of the 1971 Act(6).

Cases considering this provision (3)

[F9Issue of certificate of entitlement

7.—(1) A certificate of entitlement may be issued as the Secretary of State for the Home Department considers appropriate—

(a)by means of being affixed to the passport or travel document of the applicant; or

(b)by the creation of a digital record that can be linked to the passport or travel document of the applicant via an online UK Visas and Immigration account.

(2) Where a person holds a valid certificate of entitlement of the form described in regulation 7(1)(a) which was issued before 26th February 2026, the Secretary of State for the Home Department may, without application, issue that person with a corresponding digital certificate of entitlement under regulation 7(1)(b).

(3) Where a digital certificate of entitlement is issued, it must be linked to a valid passport or travel document.

(4) A digital certificate of entitlement has effect only in relation to the passport or travel document to which it is linked.F9]

[F10Expiry and revocation of certificate of entitlement

8.—(1) A certificate of entitlement issued under regulation 7(1)(a) shall cease to have effect on the expiry of the passport or travel document to which it is affixed.

(2) A digital certificate which is not linked as described in regulation 7(3) shall cease to have effect.

(3) A person who has been issued with a digital certificate of entitlement must keep the information provided in connection with that certificate up to date.

(4) For the purposes of paragraph (3), a person who has been issued with a digital certificate of entitlement must update the photograph connected with it—

(a)at intervals of not more than 5 years while the person is under the age of 16;

(b)at intervals of not more than 10 years while the person is 16 or older, until the person is 70 or older or becomes a British Citizen.

(5) Notwithstanding paragraph (2), a digital certificate of entitlement may resume effect where the person later links the certificate to a valid passport or travel document, unless it has been revoked under regulation 9.F10]

I5

case9. A certificate of entitlement may be revoked by the Secretary of State for the Home Department, an immigration officer, a consular officer or a person responsible for the grant or refusal of entry clearance, where the person who revokes the certificate is satisfied that the person in possession of the certificate (whether or not this is the person to whom the certificate was issued)—

(a)does not have the right of abode in the United Kingdom under section 2(1) of the 1971 Act;

[F11 (b)is the holder of:

(i)a United Kingdom passport describing him as a British citizen,

(ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,

(iii)another certificate of entitlement [F12 , except where a digital certificate of entitlement has been issued to the person in accordance with regulation 7(2) of these RegulationsF12] ;F11]

(c)F13is a person whose exercise of his right of abode is restricted under section 2 of the Immigration Act 1988; ...

(d)is a person who is deprived of his right of abode by an order under section 2A of the 1971 Act[F14 ; orF14]

[F15 (e)is a person who has not kept the information provided in connection with the digital certificate of entitlement up to date in accordance with the requirements in regulation 8(3).F15]

Cases considering this provision (1)

SavingsI6

10. The effect of a certificate described in section 10(6) of the 2002 Act is that it will cease to have effect on the expiry of the passport or travel document to which it is affixed.

Liam Byrne

Minister of State

Home Office

23rd November 2006

[F16 Regulation 4(1)(c)F16]

SCHEDULE Additional documents which must accompany an application for a certificate of entitlement I7

Basis of application Documents
Applicant was registered or naturalised as a British citizen on or after 1st January 1983 Applicant’s registration or naturalisation certificate
Applicant was born in the United Kingdom before 1st January 1983 Applicant’s full birth certificate, showing parents’ details
Applicant was registered or naturalised as a citizen of the United Kingdom and Colonies in the United Kingdom before 1st January 1983 Applicant’s registration or naturalisation certificate
Applicant is a Commonwealth (not British) citizen born before 1st January 1983 to a parent who was born in the United Kingdom
(i)

Applicant’s full birth certificate showing parents’ details; and

(ii)

Parent’s full UK birth certificate

Applicant is a female Commonwealth citizen who was married before 1st January 1983 to a man with right of abode in the United Kingdom
(i)

Applicant’s marriage certificate; and

(ii)

Evidence of applicant’s husband’s right of abode, eg passport or UK birth certificate

Applicant was born in the United Kingdom or the Falkland Islands on or after 1st January 1983, or in another qualifying British overseas territory on or after 21st May 2002
(i)

Applicant’s full birth certificate showing parents’ details;

(ii)

Evidence of either parent’s British citizenship or settled status at time of applicant’s birth, eg a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to remain; and

(iii)

[F17 Parents’ marriage or civil partnership certificate (if claiming through father or if claiming through woman who is a parent of the applicant by virtue of section 42 or 43 of the 2008 Act)F17]

Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21st May 2002, to a parent born in the United Kingdom or the Falkland Islands (or, on/after 21 May 2002, any qualifying British overseas territory) or to a parent registered or naturalised in the United Kingdom prior to the applicant’s birth
(i)

Applicant’s full birth certificate showing parents’ details;

(ii)

[F18 Parents’ marriage or civil partnership certificate (if claiming through father or if claiming through woman who is a parent of the applicant by virtue of section 42 or 43 of the 2008 Act);F18]

(iii)

Parents’ full birth certificate, registration or naturalisation certificate

Applicant was born outside the United Kingdom and the Falkland Islands on or after 1st January 1983, or outside the United Kingdom and any qualifying British overseas territory on or after 21 May 2002, to a parent who, at the time of the birth, was a British citizen in service to which section 2(1)(b) of the British Nationality Act 1981 applies
(i)

Applicant’s full birth certificate;

(ii)

[F19 Parents’ marriage or civil partnership certificate (if claiming through father or if claiming through woman who is a parent of the applicant by virtue of section 42 or 43 of the 2008 Act);F19]

(iii)

Evidence of parent’s relevant employment at the time of the birth, eg a letter from the employer

Applicant was adopted in the United Kingdom, a qualifying British overseas territory, or otherwise under the terms of the Hague Convention on Intercountry Adoption(7)
(i)

Applicant’s adoption certificate; and

(ii)

Evidence of adoptive parents’ citizenship and, if a Convention adoption, of their place of habitual residence at the time of the adoption, eg in respect of citizenship, a passport, and in respect of habitual residence at the time of the Convention adoption, the adoption certificate

Applicant was a citizen of the United Kingdom and Colonies and was ordinarily resident in the United Kingdom for a continuous period of 5 years before 1st January 1983 and was settled in the United Kingdom at the end of that period
(i)

Evidence of citizenship of the United Kingdom and Colonies, eg a passport or certificate of naturalisation or registration; and

(ii)

Evidence of settlement and 5 years’ ordinary residence in the UK before 1983, eg, passport, P60s, details of National Insurance contributions, DSS claims, employers’ letters

Applicant was a citizen of the United Kingdom and Colonies and had a parent who was born, adopted, registered or naturalised in the United Kingdom prior to the applicant’s birth/adoption
(i)

Applicant’s full birth certificate or adoption certificate;

(ii)

[F20 Parents’ marriage or civil partnership certificate (if claiming through father or if claiming through woman who is a parent of the applicant by virtue of section 42 or 43 of the 2008 Act);F20]

(iii)

Parent’s full birth certificate, adoption, registration or naturalisation certificate

Applicant was a citizen of the United Kingdom and Colonies and had a grandparent born, adopted, registered or naturalised in the United Kingdom before the applicant’s parent’s birth/adoption
(i)

[F21 Parents’ marriage or civil partnership certificate (if claiming through father or if claiming through woman who is a parent of the applicant by virtue of section 42 or 43 of the 2008 Act);F21]

(ii)

Parents’ full birth certificate or adoption certificate;

(iii)

Applicant’s full birth certificate or adoption certificate;

(iv)

Grandparents’ marriage certificate (if claiming through grandfather); and

(v)

Grandparent’s full birth certificate, adoption, registration or naturalisation certificate

(1)

2002 c. 41. The powers in section 10(1) are extended by section 10(2), (3) and (6). Section 10(2)(c) has been amended by section 50(5) of the Immigration, Asylum and Nationality Act 2006 (c. 13) and section 10(2)(e) has been prospectively repealed by sections 52(7), 61 of, paragraph 4(a) and (b) of Schedule 2 to, and Schedule 3 to, the same Act. These amendments, however, have not yet been brought into force.

(4)

As substituted by section 39(2) of the 1981 Act.

(6)

Section 2A was inserted by section 57(1) of the Immigration, Asylum and Nationality Act 2006.

(7)

Concluded at the Hague on 29th May 1993.

Status: There are currently no known outstanding effects for The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006.
The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 (2006/3145)
Version from: 26 February 2026

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