Immigration Corner | Applying under the Windrush scheme

Dear Mr Bassie,

I have been advised that I can prove that I have a right to be in the United Kingdom by applying under the Windrush scheme. Please advise me under what circumstances such an application can be made.

N.J.

 

Dear N.J.,

If persons are settled in the United Kingdom but do not have the documentation to prove it, they 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:

• They came to the United Kingdom from a Commonwealth country before 1973.

• Their parents came to the United Kingdom from a Commonwealth country before 1973.

• They came to the United Kingdom from any country before December 31, 1988, and are now settled there.

Persons should note that it is free to apply.

Applicants might also be entitled to apply for citizenship for free if they are Commonwealth citizens who settled in the United Kingdom before January 1, 1973, or if they are the child of someone who did.

- Persons who arrived before 1973 from a Commonwealth country:

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

• They are Commonwealth citizens.

• They were settled in the United Kingdom before January 1, 1973.

What they are entitled to depends on whether they:

• Have been living in the United Kingdom continuously.

• Left the United Kingdom for more than two years and then returned.

• Are outside the United Kingdom.

- Persons who have lived in the United Kingdom 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 which confirms they have indefinite leave to remain.

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

Those persons who already have indefinite leave to remain you may be able to apply for either:

• A document to prove they have indefinite leave to remain;

• British citizenship.

- Persons who have left the United Kingdom and have lost their indefinite leave to remain might be entitled to:

• A returning resident visa; or

• A 10-year multiple-entry visa.

- Persons who are children of Commonwealth citizens who arrived before 1973:

Persons can apply for British citizenship or a document confirming they have indefinite leave to remain if the following applies:

One of their parents must be a Commonwealth citizen and either:

• Was settled in the United Kingdom before January 1, 1973.

• Had the right of abode.

One of the following must also be true:

• They were born in the United Kingdom.

• They came to live in the United Kingdom before turning 18 years of age.

Those persons must have lived continuously in the United Kingdom since arriving or being born there.

Please note that if persons have not been living in the United Kingdom continuously but are there lawfully, they can apply for indefinite leave to remain.

- Persons who arrived before 1989:

Persons can also apply for a document to prove that they are eligible to live and work in Britain if they went to live in the United Kingdom before December 31,1988, and are now settled there. It should be noted that those persons can be of any nationality.

HOW TO APPLY AND GET HELP

When persons apply, the Home Office will work with other government departments to find records of them living in the United Kingdom. It should be noted that none of the information will be shared with immigration-enforcement teams.

When applying from the UK, persons should use the Windrush scheme application form (UK). Post it to the address on the form with all supporting documents. Persons should contact the Windrush task force if a paper form needs to be sent to them. Persons can also contact the Windrush helpline for help with working out if they are eligible. Persons who are outside of the United Kingdom must apply using an online form. Please be aware that it is free to apply.

The following are the contact details:

Windrush task force

Email: commonwealthtaskforce@homeoffice.gsi.gov.uk

Telephone: 0800-678-1925

Monday to Saturday, 9 a.m. to 5 p.m.

Sunday, 10 a.m. to 4 p.m.

After applying, the Windrush task force will get in touch with the applicant if they have any questions about the application, or if they need more information. Also, applicants will be asked to provide their fingerprints and photographs (biometric information) once they have sent in the form. Those persons will not have to pay anything to do this.

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.