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

Dear Mr Bassie,

I arrived in the United Kingdom as a child in 1970 and I would like to obtain proof that I have a right to be in the United Kingdom. I would appreciate any guidance that you can give.

FH

Dear FH,

Persons can use the Windrush Scheme to obtain proof of their right to be in the United Kingdom (UK). In order to qualify, persons should have arrived before 1973 from a commonwealth country. That is, the applicant ought to be the child of a Commonwealth citizen who arrived before 1973.

Those persons who are in this category that is they are the child of a Commonwealth citizen who arrived before 1973, can apply for one of the following:

He/she can apply for British citizenship; a certificate of entitlement to the right of abode; or proof that they have indefinite leave to remain in the United Kingdom.

Persons should be aware that if they do not have indefinite leave to remain in the United Kingdom but are there lawfully, they can apply for it through the Windrush scheme.

In order to apply, one of the applicant’s parents must be a Commonwealth citizen. The parent must either have been settled in the UK before January 1, 1973 or had the right of abode.

In addition, persons must have lived continuously in the UK since arriving (or in some cases being born) there. For those applicants, one of the following must also be true:

• He/she was born in the UK

• He/she went to live in the UK before turning 18 years old.

Applicants should be aware that they do not have to have lived continuously in the UK, if they were automatically British citizens or citizens of the UK and colonies from birth, they are able to apply for a document to confirm their status. They should contact the Windrush helpline for assistance 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