Immigration Corner | I suffered because I could not show eligibility to be in the UK

Dear Mr Bassie,

My parents are from a Commonwealth country. I believe that although I am eligible to live and work in the United Kingdom (UK), I have suffered losses because I am not able to prove it. Is there anything that I can do to rectify this?

Any advice would be appreciated.

TK

Dear TK,

Persons who are settled in the 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 they can live and work in the UK 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

It should also be noted that it is free to apply for this document.

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

With respect to suffered losses because persons did not have documents, persons who are eligible for this scheme might also be able to apply for compensation. The compensation scheme is for losses that happened because those persons could not show that they had a right to live in the UK.

Please be aware that ‘losses’ can be things like 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 may be able to apply for a document to prove that they can live and work in Britain if both of the following apply:

• They are Commonwealth citizens; and

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

What 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 outside the UK.

A PERSON WHO IS THE CHILD OF A COMMONWEALTH CITIZEN WHO ARRIVED BEFORE 1973

Persons can apply for British citizenship or a document confirming they have indefinite leave to remain. If they do not have indefinite leave to remain but are there lawfully, they can apply for it through the scheme.

To apply, one of the parents must be a Commonwealth citizen and either was settled in the UK before January 1, 1973 or had the right of abode.

In addition, one of the following must also be true: that they were born in the UK or that they came to live in the UK before turning 18 years old. Also, persons must have lived continuously in the UK since arriving (or being born) there.

Persons can contact the Windrush helpline for help with working out if they are eligible.

PERSONS WHO ARRIVED BEFORE 1989

Just for completeness, please note that persons can apply for a document to prove that they can live and work in Britain if they had gone to live in the UK before December 31, 1988 and are now settled there. Please note that those persons can be of any nationality.

It is advisable that persons 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 global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com