The Windrush Scandal

Empire Windrush was the name of the ship that brought West Indian migrants to the United Kingdom in 1948. Windrush now will be the name of the 2018 Political scandal, which shocked the world. An estimated 63 immigration cases approved and allowed the deportation of individuals from the United Kingdom who should have had leave to remain, or even British nationality. 

The British Nationality Act 1948 gave citizens of the United Kingdom and Colonies the right to settle in the UK. This right was afforded to anyone who was born in a British Colony. Nearly half a million people from the Caribbean moved to Britain. Those individuals had a legal right to enter the United Kingdom, so they did not need any documentation when entering the United Kingdom.

In 2018 a campaign from Caribbean diplomats, charities, Parliamentarians and some help from the guardian newspaper helped expose the Home Office. A hostile environment policy which was started by the now Prime Minister Theresa May gave birth to a scandal which detained individuals, denied them medical care which they were rightfully entitled to and for those who wont detained were prevented work or homes. Because of the Scandal Amber Rudd resigned in April 2018 and Sajid Javid was appointed the new Home Secretary. 

The Governments Solution?

On 16 April 2018 the Government introduced a Windrush scheme, which is to tackle the scandal head on. The application, which has been introduced, has no fee and Applicants will have to submit their biometrics.  

The Windrush scheme will apply to the following individuals:

A commonwealth citizen who was settled in the UK before 1 January 1973 and has been continuously resident in the UK since their arrival or has the Right of Abode.

A Commonwealth citizen who was settled in the UK before 1 January 1973, whose settled status has lapsed because they left the UK for a period of more than 2 years, and who is now lawfully in the UK and who has strong ties to the UK. 

A child of a Commonwealth citizen* parent, where the child was born in the UK before the age of 18, and has been continuously resident in the UK since their birth or arrival and the parent was settled before 1 January 1973 or has the Right of Abode (or met these criteria but is now a British Citizen).

Outside the UK 

A Commonwealth citizen who was settled in the UK before 1 January 1973 but who does not have a document confirming their Right of Abode or Settled status, or whose settled status has lapsed because they left the UK for a period of more than 2 years. 

The application will deal with whether an individual would be considered for naturalisation under the British Nationality Act 1981, or be granted right of abode, in which documentation confirming their right of Abode will be provided. In some cases, applicants outside the UK may be granted 10 year visit visas which allows them to enter the United Kingdom 6 months at a time.

It is important to note that if an individual’s application is granted and his request to be British national is also granted, the individual will have to pay and submit the form for a British passport separately. Applicants settled in the UK before 1 January 1973 would be considered to have sufficient knowledge of English and of life in the UK and so these requirements will not apply to them.

Deportation on grounds of criminality or other non-conducive behaviour will still be considered normally. The scheme does not supersede the public's best interests in whether an individual is to remain in the United Kingdom, however the status of an individual would be important to consider. 

The death of a parent before 1 January 1973 is stated as sufficient evidence that they were settled in the UK before their death. 

If the above passages relate to you, and you are from the long list of commonwealth countries please get in touch with one of our solicitors, who will help and advise you through the process of obtaining valid documentation to remain in the United Kingdom.