Question to the Home Office:

To ask the Secretary of State for the Home Department, whether non-UK EU nationals who were resident in the UK before 1973 have a legal right to abode in the UK that is separate from their rights as EU citizens under the Treaties of the European Union.

The right of abode is a statutory right which is held by British citizens and Commonwealth citizens who had right of abode immediately before 1 January 1983 and have not ceased to be Commonwealth citizens at any time.

EU citizens who were present and settled in the UK on 1 January 1973 were deemed to have indefinite leave to remain, by virtue of section 1(2) of the Immigration Act 1971. As long as they have continued to reside in the UK and have not had their indefinite leave revoked, they will have retained that settled status.