Immigration Corner | Proof of right to be in the UK, having arrived before 1973

Dear Mr Bassie,

Please advise on how I can get proof of my right to be in the United Kingdom having arrived from Jamaica in 1970.

HH,

Dear HH,

Persons are able to utilise the Windrush Scheme to show proof of their right to be in the United Kingdom (UK).

Those persons who have arrived before 1973 from a Commonwealth country may be able to apply for proof of their right to live and work in the United Kingdom if both of the following apply:

• They are Commonwealth citizens; and

• They were settled in the UK before January 1, 1973

What those persons would be 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 whether they are outside the UK.

IF LIVING IN THE UK CONTINUOUSLY

If persons have lived in the UK continuously, or have the right of abode, they can apply for one of the following:

• British citizenship;

• A certificate of entitlement to the right of abode;

• Proof that they have indefinite leave to remain.

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

IF 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, they might be entitled to indefinite leave to remain.

Those persons who already have indefinite leave to remain, they might be able to apply for either:

• Proof that they have indefinite leave to remain; or

• British citizenship

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

IF OUTSIDE THE UK

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

• A Returning Resident visa; or

• A 10-year multiple entry visa

They too should contact the Windrush helpline for help with working out if they are eligible.

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