Immigration Corner | Seeking to regularise status after 50 years

Dear Mr Bassie,

I went to the United Kingdom (UK) before 1973, but I am undocumented. I understand that I may be eligible to regularise my status. Please explain how I would go about getting my papers.

KH

Dear KH,

Under the Windrush Scheme persons may be able to get a document showing their right to be in the United Kingdom.

Persons who arrived prior to 1973 from a Commonwealth country may be able to apply for a document to prove that they can live and work in Britain if both of the following conditions apply:

• They are a Commonwealth citizen;

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

What they are entitled to will depend on whether they have been living in the UK continuously, left the UK for more than two years and came back, or are outside the UK.

PERSONS WHO HAVE BEEN LIVING IN THE UK CONTINUOUSLY

Persons who have lived in the UK continuously, or have the right of abode, can apply for one of the following:

• British citizenship;

• Evidence you have the right of abode;

• A document confirming they have indefinite leave to remain.

Those persons should contact the Windrush helpline for help with working out their eligibility and how to apply.

PERSONS WHO HAVE LEFT THE UK FOR MORE THAN TWO YEARS AND have RETURNED

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

If they already have indefinite leave to remain they might be able to apply for either

• A document to prove they have this.

• British citizenship.

Those persons should contact the Windrush helpline for help with working out if they are eligible for legal status and how to make the application.

PERSONS WHO ARE OUTSIDE THE UK

Those persons who have left the UK and have lost their indefinite leave to remain may be entitled to still return. They may be eligible to either obtain a Returning Resident visa or a 10-year multiple entry visa.

They, too, should contact the Windrush helpline to discuss eligibility and how to apply.

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