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Windrush generation
We have a customer who is claiming he is affected by the windrush generation issues.
He is not from one of the countries listed in the circular U1/2018 but he is from a country on the more comprehensive list published about the Windrush generation on gov.uk
My question is then, do I follow the guidance from DWP for those claimants from countries listed in U1/2018 or can they be from any commonwealth country as listed on gov.uk?
The issue does not only affect people from the Caribbean: it affects anyone who was “settled” in the UK before the commencement of the Immigration Act 1971, which means anyone whose right to be in the UK was not subject to a time restriction. Anyone satisfying those conditions is deemed to have ILR by s1 of the 1971 Act.
This is likely to affect a lot of people from the Caribbean. But not exclusively people from the Caribbean.
If the claimant has been here since before 1962, when some immigration restrictions for commonwealth countries were introduced, it is even more likely they will satisfy s1.
Not quite sure the person must be from a Caribbean Commonwealth country particularly, as long as someone fits the description of a meaning of “Commonwealth citizens”, as described by the Home Office (HO), the law and they meet the conditions in the updated HO guidance, see link below. Albeit the Windrush generation refers to citizens of a Caribbean Commonwealth country.
Here is the updated guidance .
The full list of Commonwealth countries, as you described, are below.
https://www.freemovement.org.uk/home-office-help-windrush-children-commonwealth-citizens/
Saying all of that, the HO have the last say, so they still have to go through the procedure in U1/2018.
The issue does not only affect people from the Caribbean: it affects anyone who was “settled” in the UK before the commencement of the Immigration Act 1971, which means anyone whose right to be in the UK was not subject to a time restriction. Anyone satisfying those conditions is deemed to have ILR by s1 of the 1971 Act.
This is likely to affect a lot of people from the Caribbean. But not exclusively people from the Caribbean.
If the claimant has been here since before 1962, when some immigration restrictions for commonwealth countries were introduced, it is even more likely they will satisfy s1.
Ah, beaten to it, and concise, as usual.
quite. affects people from india, pakistan, bangladesh to name but a few…..
Head of the National Audit Office Sir Amyas Morse comments on today’s report on the Handling of the Windrush situation -
‘The treatment of people who had a legitimate right to remain in the UK, raises grave questions about how the Home Office discharged its duty of care towards people who were made vulnerable because of lack of documentation. It failed to protect their rights to live, work and access services in the UK, and many have suffered distress and material loss as a result. This was both predictable and forewarned. The department is taking steps to put things right for the Caribbean community, but it has shown a surprising lack of urgency to identify other groups that may have been affected.’
Letter from the Home Secretary to Home Affairs Committee provides update on Windrush outcomes so far while the Home Office has published details of its exceptional circumstances support shceme.
[ Edited: 9 Jan 2019 at 12:35 pm by Daphne ]