Immigration Corner | Criteria for regularising status if in the UK prior to 1973

Dear Mr Bassie,

My relative has been in the United Kingdom from 1970. Please advise if it is possible for him to still get his residency status regularised. Any advice would be welcome.

PL

Dear PL,

Persons who have been living in the United Kingston (UK) before 1973 may be able to apply for a document to prove that they are able to live and work in Britain if they are able to show that they are a Commonwealth citizen and that they were settled in the UK before January 1, 1973.

What those persons are entitled to will depend on whether they have been living in the UK continuously; left the UK for more than two years and returned; or if they are currently outside of the UK.

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.

Prospective applicants are encouraged to contact the Windrush helpline for help with ascertaining whether they are eligible for any of the aforementioned and how to apply.

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

Please be aware that if they already have indefinite leave to remain, they may be able to apply for either a document to prove that they have this or British citizenship. Those persons should also contact the Windrush helpline for help with working out if they are eligible and how to apply.

PERSONS WHO ARE OUTSIDE OF THE UK

It should be noted that for those persons who have left the UK and have lost their indefinite leave to remain, they may be entitled to a Returning Resident visa or a 10-year multiple entry visa.

I hope this helps.

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, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com