Immigration Corner | How to apply for a certificate of entitlement

Dear Mr Bassie,

I believe I am entitled to live and work in the United Kingdom. Please advise me on how to apply for a certificate of entitlement.

FF

Dear FF,

Persons who have the right of abode are allowed to live or work in the United Kingdom (UK) without any immigration restrictions. This means those persons will not need a visa to go to the UK, and there is no limit on the length of time they can spend in the country.

Please be aware that all British citizens automatically have right of abode in the UK, and some Commonwealth citizens may also have right of abode. Persons can prove that they have right of abode if they have a UK passport describing them as a British citizen or British subject with right of abode. If this is not the case, then those persons will need to apply for a ‘certificate of entitlement’.

APPLYING FOR A CERTIFICATE OF ENTITLEMENT

It should be noted that persons can apply for a certificate of entitlement to prove that they have right of abode in the UK. This is placed in the passport. Those persons will need to apply for a new certificate when their passport expires. How a person applies for a certificate of entitlement will depend on whether they are inside or outside the UK. Persons should be aware that they cannot get a certificate if they already have a British passport or a valid certificate of entitlement in another foreign passport.

APPLYING IN THE UK, CHANNEL ISLANDS OR THE ISLE OF MAN

It costs £550 when applying for a certificate of entitlement in the UK. Applicants are advised to read the guidance to inform themselves that they are eligible to apply, and the form should be filled out online. Please note that usually, persons will be able to keep their documents while the application is being processed, and that there are also other ways to apply.

Applicants can get help with completing the online form if they do not feel confident using a computer or mobile device, or if they do not have Internet access. Persons can only access and use this service if they are applying in the UK. Please note, immigration advice is not given through this service.

Applicants will usually get a decision on their application within eight weeks of applying online and sending in their documents by post. If approved, the certificate of entitlement will be sent to the successful applicant with the decision letter.

APPLYING FROM OUTSIDE THE UK OR FROM A BRITISH OVERSEAS TERRITORY

Persons who are not in the UK, or live in a British overseas territory, must apply online. The cost of a certificate of entitlement is £550 outside the UK.

HOW LONG IT TAKES

Applicants will usually get a decision on their application within three weeks of attending an appointment at a visa application centre. If the application is approved, the certificate of entitlement will be sent to him or her with the decision letter.

WHEN THE APPLICATION IS REFUSED

The application fee will not be refunded if the application is refused because the applicant does not qualify for right of abode, or they do not send in enough evidence to support their claim.

APPEALS

Persons will be told how they can appeal if their application is rejected. Please note that persons will not have a right of appeal if the rejected application was received on or after April 6, 2025.

Just for completeness, please note that if the application is made in the UK, that person can apply to have their application reconsidered if they believe that the United Kingdom Visa and Immigration Department did not make the decision in line with the law or their policy.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com