Those arriving in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation.
Many Commonwealth citizens arrived in the UK before British nationality and immigration law made any distinction between British subjects, whether born and living in the UK or elsewhere in the Empire.
The Immigration Act 1988 changed that. Commonwealth citizens, like other people settled in the UK, would lose a right to remain indefinitely after two years absence. It also removed the general right of wives and children to join them. But the Commonwealth Citizens, including many children, had arrived decades before any of this was introduced. Some had lost passports, settled status letters and related documents. Some of the children may never have had these documents.
If you have lived in the UK permanently since before 1973 and have not been away for long periods in the last 30 years, you have the right to be here.
The offer, which will be available to people from all Commonwealth countries, not just Caribbean nationals, will extend to individuals who have no current documentation, those who already have leave to remain and want to advance their status, and children of the Windrush generation.
In addition, the Home Secretary confirmed that a compensation scheme will be set up for individuals who have suffered loss or damage because of their inability to evidence their right to be in the UK and to access services.
Evidence to support your application to stay in the UK
- where you went to school and studied
- where you’ve worked
- if you have family here
- where you’ve lived during your time in the UK
- Documents that can help support your application include:
- exam certificates
- employment records
- your National Insurance numbers
- birth and marriage certificates
- bills and letters
If you came to the UK during the 1970s but after 1 January 1973 then you are not likely to have an automatic right to be in the UK. However, you may be allowed to stay permanently provided certain requirements are met.
If you need help with getting hold of documentation that will prove how long you have lived in the UK continuously, or if you have general questions about your status, please get in touch with our experienced Immigration solicitors based in London.
