Immigration Corner | The right to live in the UK under the Windrush Scheme

Dear Mr Bassie,

I live in England and I am among the Windrush group. Can I obtain a document to show that I can live and work in the United Kingdom? Any assistance would be appreciated.

– S.M.

Dear S.M.,

Persons who are settled in the United Kingdom (UK) but do not have a document to prove it, may be eligible to apply to the ‘Windrush Scheme’.

Those persons may be able to apply for a document to prove that they can live and work in the United Kingdom if one of the following is true:

•He/she came to the UK from a Commonwealth country before 1973;

• His/her parents came to the UK from a Commonwealth country before 1973;

• He/she came to the UK from any country before December 31, 1988, and are now settled there.

Please note that it is free to apply.

Persons might also be entitled to apply for citizenship for free if they are a Commonwealth citizen who settled in the UK before January 1, 1973, or they are the child of someone who did.

PERSONS WHO SUFFERED LOSS BECAUSE THEY DID NOT HAVE DOCUMENTS

Persons who are eligible under this scheme might also be able to apply for compensation. The compensation scheme is for losses that happened because persons could not show that they had a right to live in the UK.

‘Losses’ can entail not being able to work, find a place to live or get health treatment. They can also include immigration action, like detention or removal from the UK.

PERSONS WHO ARRIVED BEFORE 1973 FROM A COMMONWEALTH COUNTRY

Persons may be able to apply for a document to prove that they can live and work in Britain if both of the following apply:

• He/she is a Commonwealth citizen;

• He/she was settled in the UK before January 1, 1973.

WHAT PERSONS ARE ENTITLED TO, DEPENDS WHETHER THEY:

• Have been living in the UK continuously;

• Left the UK for more than two years and returned to the UK;

• Are outside the UK.

PERSONS WHO HAVE BEEN LIVING IN THE UK CONTINUOUSLY

Persons who have lived in the UK continuously, or have the right of abode, can apply for one of the following:

• British citizenship;

• Evidence that they have the right of abode;

• A document confirming that they have indefinite leave to remain.

Persons should contact the Windrush helpline for help with working out if they are eligible and to find out how to apply.

PERSONS WHO HAVE LEFT THE UK FOR MORE THAN TWO YEARS AND RETURNED

Persons who have been away from the UK for more than two years at some point and are now lawfully in the UK might be entitled to indefinite leave to remain.

If they already have indefinite leave to remain, they might be able to apply for either:

• A document to prove that they have it; or

• British citizenship.

Those persons should also contact the Windrush helpline for help with working out if they are eligible and to find out how to apply.

PERSONS WHO ARE OUTSIDE THE UK

Persons who have left the UK and have lost their indefinite leave to remain, might be entitled to:

• A returning resident visa;

• A 10-year multiple-entry visa.

Those persons may contact the Windrush helpline for help with obtaining a decision about whether they are eligible as well.

Good luck!

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 and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com