The following Immigration practice note produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:
On 16 April 2018, following a series of high profile cases concerning long-resident Commonwealth migrants attempting to demonstrate their lawful entitlement to reside in the UK, the government set up a taskforce to deal specifically with this group. The Home Office encouraged those who were long-term Commonwealth citizen migrants, and who were unable to demonstrate their right to remain in the UK, to contact the Windrush Taskforce (the ‘Taskforce’) team by phone or email to discuss their position.
Initially eligible users of this service had their cases resolved on an ad hoc basis without making a formal application. The process transitioned into a formal procedure with the launch of the Windrush Scheme (the ‘Scheme’) on 30 May 2018. Importantly, although the Scheme is predominantly directed at defined ‘Commonwealth citizens’, its parameters extend some way beyond Commonwealth citizens and their children, and makes provision for those of any nationality who arrived in the UK before 31 December 1988 and who have resided here since.
The Scheme formalises and extends the assistance provided by the Taskforce, to help and enable individuals who fall within its parameters to formally evidence their immigration status in the UK, and/or to apply for British citizenship. In particular, the Scheme assists two groups:
those who are in the UK, allowing them to make applications to confirm their right to remain and
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