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Black lives matter – Windrush Scheme 2020

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    British black national protestors sent a message to the murders of George Floyd that “Black lives matter”. We also saw demonstrations from the Windrush Campaigners in Parliament Square – London, sending a strong message to Downing Street,” our lives matter” on June 6 2020. Glenda Andrew of the Preston Windrush Generation stated “I felt that people were shocked with what they have seen happen to George Floyd. The protest was for people to stand up in response to that and say that it was disgusting and that more justice is needed.” The Immigration Act 1971, automatically gave settled rights to the Windrush Generation, terms “right of abode”, without any formal Home Office documentation, and the Home Office had failed to keep any records of settled statuses. Over the accessions of Governments, pledging to tighten immigration regulations the Windrush generation was forgotten, and thousands of rightful Windrush minorities began to feel that their lives, their rights were meaningless, in the UK.   In 2013 a number of warnings to the Home Office that many Windrush generation residents were being treated as illegal immigrants and that older Caribbean born people were being targeted. In November 2017, the media started reporting that Theresa May’s government had disclosed that over 57,000 Commonwealth territories nationals who had arrived in the UK before 1973, faced deportation if they could not prove their right to remain in the UK. Coverage of these individuals’ stories began to break in several newspapers, and Caribbean leaders took the issue up with then-prime minister, Theresa May, which followed by the situation being called the Windrush scandal. 2018 April the Windrush Scheme Task Force was set up by Theresa May’s government, to provide helpful support and guidance for the Windrush Generation to prove their settled status, right of abode or an application for British Passports. Also, Commonwealth nationals living in the UK before 1988 have been allowed to apply.

    What is the Windrush Scheme

    The Scheme was given its name from the “ship MV Empire Windrush”, which docked at Tilbury Essex in June 1948, welcoming thousands of Jamaican, Trinidad and Tobago, including other Commonwealth nationals, the right to fill the shortage labour after the Second World War in the UK.   The Scheme refers to a generation of ethnic minorities, mainly the Caribbean nationals and their children, that had entered the UK or whose descendants had entered the UK from 1948 and 1973, which have suffered discrimination compared with those that were born in the UK and British Passport holders that were not from the Caribbean community in the UK and black. 

    How do I qualify under the Windrush Scheme

    In simple terms, you must have entered the UK as Commonwealth national around 1973, or before 1988, it’s quite possible that you may have expired “right of abode” documents, many that sought advice from us, have not travelled outside the UK since arriving. 

    I travelled on my mother’s passport and have no documents, will I be deported. 

    No, there are cases of second-generation Windrush nationals in this position. You may have worked for the majority of your adult life in the UK, graduated from a UK University, hold National Insurance and National Health Registration, but have no evidence of settled status. Provided you are able to supply as much original evidence of your time spent in the UK since arriving, the Home Office will consider alternative proof which supports your claim. You are unlikely to be deported where there is substantial evidence to prove your close ties to the UK. For example, your extended family members, home, business and children. In this case; the Home Office is compelled to consider your rights to private family life; Article 8, Immigration Act 2009.

    I was born in the UK, can I apply for a British passport.

    Quite possible, you will need to show evidence of your birth certificate, along with evidence of your parents status in the UK. You may qualify in your own right under the Immigration & Nationality Act 1971 automatically as a British national. In the unfortunate situation that both your parents are deceased, evidence of your parents’ immigration status, and any siblings immigration status may be required for an in-depth assessment. If you are granted settled status, then you can apply for a British Passport automatically, without having to attend the Naturalisation ceremony.

    When can I apply under the Windrush Scheme

    There is no timeline to meet if you think you meet the legal requirements and would like urgent advice, call me on 01634202095. The Home Office has also set up the Windrush Compensation scheme; the right to claim compensation through the Scheme if you suffered a loss because you could not demonstrate your lawful right to live in the UK.

    Do I have the right to work as a member of the Windrush generation?

    Your employer or intended employer has the responsibility to check your immigration status documents through the Home Office, via the “Employee Checking Service”. The Home will respond in 5 working days whether or not you have the right to work if you have no status documents then you do not have the right to work. If you are facing hardship (loss of employment, Home, immigration fees, legal costs) as a result of not being able to show your status documents, you can apply for financial support under the Windrush Compensation scheme. If you require advice and legal representation, call me on 01634 202095.

    I am from the Windrush Generation. I was deported, can I return and settle in the UK?

    Yes, if you still have close ties to the UK, and you left the UK over two years ago, you can apply to return to the UK, only if you are a Commonwealth National under the Windrush Scheme; section 1(5) of The Immigration Act 1971 In November 2018, in a monthly update to the Home Affairs Select Committee, Javid said there were 83 cases in which it had already been confirmed that people had been wrongfully deported. Officials feared there might be a further 81. At least 11 deportees had subsequently died.

    Stop Windrush Deportation Feb 2020!

    For more information or advice about British Citizenship and Naturalisation in the UK please click here.
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