My mother is a British citizen by birth - she was born to a British father and has a British passport. However, she has never resided in the UK. Does she implicitly have the right of Indefinite Leave to Remain, or not?
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2Your mother doesn't need the right to ILR because by virtue of her citizenship she is entitled to any and all benefits afforded to UK citizens; including living in the UK for as long as she likes, and to come and go as often as she pleases. – Burhan Khalid Feb 06 '17 at 10:01
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Two categories of citizenship. Can you edit to clarify if 'by birth' you mean 'British by Descent' or 'British Otherwise Than by Descent'. Ambiguous, please edit, thanks. – Gayot Fow Feb 06 '17 at 11:07
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@BurhanKhalid It's not whether the mother 'needs' ILR. I suspect the question is more to whether or not the mother can transmit British citizenship under the Nationality Act 1981. – Gayot Fow Feb 06 '17 at 11:10
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British citizens have a right of abode. The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.
See:
https://www.gov.uk/government/publications/right-of-abode-roa/right-of-abode-roa
Section 2(1) of the Immigration Act 1971 sets out which citizens of the UK and Colonies (CUKCs) and Commonwealth citizens had the right of abode in the UK.
The 1971 Act was amended when the British Nationality Act 1981 came into effect on 1 January 1983. Under the revised section 2(1), the following people have the right of abode in the UK:
Section 2(1)(a) - British citizens
Augustine of Hippo
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1It might be worth mentioning that "leave to remain," legally speaking, is a grant of permission to remain in the UK, and that it is not possible to grant such leave to those with right of abode because it is their right. (If it were possible to grant, it would also be possible to withdraw, which is not the case with the right of abode.) – phoog Mar 07 '17 at 01:55
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Yes. Citizens of any country have the right* to come and go as they please, to live and work wherever, and are entitled to whatever the state offers.
"Indefinite Leave to Remain" is a privilege granted to non-British people that permits them to be one step below a citizen (they can't vote). Citizens get it all.
* excluding dictatorships, North Korea, and any place you may be exiled from. But those are rare.
