Author-John Bassie
I reside in the United Kingdom (UK) and I believe that I may be eligible to be settled there under the ‘Windrush scheme’. Please advise under what circumstances I may be eligible to qualify through this scheme.
YJ
Dear YJ,
Persons seek to prove their right to be in the UK through the Windrush scheme. If they are settled in the United Kingdom but do not have a document to prove it, they may be eligible to apply to the ‘Windrush scheme’.
Persons may be able to apply for a document to prove they can live and work in the United Kingdom if one of the following is true:
• They came to the UK from a Commonwealth country before 1973
• Their parents came to the UK from a Commonwealth country before 1973
• They came to the UK from any country before December 31, 1988 and are now settled there.
Persons should be aware that it is free to apply and that they 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 they are the child of someone who did.
Persons may be able to apply for a document to prove they can live and work in Britain if both of the following apply: they are Commonwealth citizens and they were settled in the United Kingdom before January 1, 1973.
What those persons are entitled to depends on whether: they have been living in the United Kingdom continuously; they left the United Kingdom for more than two years and went back; they are outside the United Kingdom.
If persons have lived in the United Kingdom continuously, or have the right of abode, they can apply for one of the following:
• British citizenship
• Evidence they have the right of abode
• A document confirming they have indefinite leave to remain
If persons have been away from the United Kingdom for more than two years at some point and are now lawfully in the United Kingdom, they might be entitled to indefinite leave to remain.
If persons already have indefinite leave to remain, they might be able to apply for either a document to prove they have this or British citizenship. Those persons can also contact the Windrush helpline for help with working out if they are also eligible.
If persons have left the United Kingdom and have lost their indefinite leave to remain, they might be entitled to a Returning Resident visa or a 10-year multiple entry visa.
A person who is a child of a Commonwealth citizen who arrived in the United Kingdom before 1973 may be eligible to apply for British citizenship or a document confirming that they have indefinite leave to remain.
To prove eligibility, one of the parents must be a Commonwealth citizen and either was settled in the United Kingdom before January 1, 1973 or had the right of abode.
In addition, one of the following must also be true:
• The applicant was born in the United Kingdom
• The applicant went to live in the United Kingdom before turning 18 years old.
Also, those persons must have lived continuously in the United Kingdom since arriving (or being born) there. If persons have not been living there continuously but are there lawfully, they can apply for indefinite leave to remain.
If persons went to live in the United Kingdom before December 31, 1988 and are now settled there, they can apply for a document to prove they can live and work in Britain. Those persons can be of any nationality.
When applying, the Home Office will work with other government departments to find records of the applicant living in the United Kingdom. Please note that none of the information will be shared with immigration enforcement teams.
Applicants who are in the United Kingdom should apply using the Windrush scheme application form (UK). It should be posted to the address on the form with the supporting documents. Applicants who are outside the United Kingdom must apply using an online form. As mentioned before, there is no fee, that is, it is free to apply.
The Windrush taskforce will get in touch with the applicant if they have any questions about the application, or if they need more information. The applicant will be asked to provide their fingerprints and photo (biometric information) once the application has been received and persons will not have to pay anything to do this.
Persons can contact the Windrush helpline for help with working out if they are eligible; in need of help or information. The contact details are:
Windrush helpline
Windrush taskforce
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.
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
