Part I

Regulation of Entry into and Stay in United Kingdom

Statement of right of abode in United Kingdom.
2
1
A person is under this Act to have the right of abode in the United Kingdom if—
a
he is a British citizen; or
b
he is a Commonwealth citizen who—
i
immediately before the commencement of the
British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
ii
has not ceased to be a Commonwealth citizen in the meanwhile.
2
In relation to Commonwealth citizens who have the right of abode in the United Kingdom by virtue of subsection (1)(b) above, this Act, except this section
, section 5(2) and section 25
, shall apply as if they were British citizens; and in this Act (except as aforesaid) “
British citizen
” shall be construed accordingly.
S. 2 substituted (1.1.1983) by British Nationality Act 1981 (c. 61), ss. 39(2), 52(7) (with Sch. 8 para. 8); S.I. 1982/933, art. 2 [Editorial note: According to the Chronological Table of the Statutes (1951-1987) (HMSO, 1989) there were no amendments made to s. 2 between the date of Royal Assent and its substitution on 1.1.1983 and therefore the text of s. 2(1)(d) and (2) as in force immediately before the commencement of the British Nationality Act 1981 is the same as that of the Original (As enacted) Version of this section.]
Ss. 1-9, 11 extended (with modifications) (Guernsey) (1.8.1993) by The Immigration (Guernsey) Order 1993 (S.I. 1993/1796), arts. 1, 3(1), Sch. 1 Pt. 1
1981 c. 61.
Pt. 1 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(a), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (29.6.2011) by S.I. 2011/1408, art. 1, Sch. paras. 1, 2(c)(f); (11.2.2016) by S.I. 2016/156, arts. 1(2), 6; (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; (with effect in accordance with art. 1(2) of the amending S.I.) by S.I. 2020/1322, art. 3; (coming into force in accordance with art. 1(2) of the amending S.I.) by The Immigration (Isle of Man) (Amendment) (No. 3) Order 2020 (S.I. 2020/1576), art. 8; (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(2)(3); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)
Words in s. 2(2) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 4(2); 2020 c. 1, Sch. 5 para. 1(1)
Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))