Windrush Update: The Hostile Environment and Relevant Nationality Law Sources

Windrush Update:

Parliament debated the petition “Amnesty for anyone who was a minor that arrived In Britain between 1948 to 1971” – watch and read transcript . Related to this are the following:

• EIN article ‘Campaign groups highlight impact of ‘hostile environment’ policies’ (links to papers by CCLC, PRCBC and JCWI).
• A briefing to the All-Party Parliamentary Group by Fragomen LLP ‘Understanding ‘Windrush’ from an immigration perspective’  This constitutes a useful summary but does not address in detail the rules on right of abode to ‘patrial CUKCs’ and who became a citizen by operation of the 1981 Act. These categories are highly relevant to the Windrush generation.

Right of abode and British citizenship by operation of law

For an overview to this highly complex area, see the flowcharts in the old Nationality Instructions (‘NI’s’, archived here), to be read with ‘Historical background information on nationality’ , which is contained in the 2017 body of Nationality guidance.

Historical discrimination against children of unmarried parents and the ‘good character’ requirement remedial order

That guidance, in turn, must be read in light of the removal of discrimination against children of unmarried parents in old nationality laws, by s65 of the Immigration Act 2014, which from 6 April 2015 provides the right to register for all those who missed out on British citizenship, by operation of law or registration, because their natural father was not recognised as their father for the purposes of nationality law because of the pre-July 2006 discrimination against children born ‘illegitimately’. The avenue to now register as a British citizen, using the new provisions inserted in the 1981 Act, is a free application on Form UKF (see guidance on same page). Again, this will be relevant in a number of ‘Windrush’ cases.

The ‘Good character requirement: a remedial order , dated 15 March 2018, will remove the ‘good character’ requirement for these applications under BNA 1981 s4F (person would be entitled to register under ss 1(3), 3(2) or 3(5)) and ss 3C, 4G, 4H and 4I). Changes to the BNA 1981 are, however, unfortunately, not expected until early 2019.  Applications for registration as a British citizen under sections 4C, 4F, 4G, 4H and 4I where the only ground for refusal is where the applicant does not meet the good character requirement, it was announced, will remain on hold until further notice. PRCBC set out, in published correspondence with Caroline Nokes, the detriment caused by the delay in issuing the remedial order, and, following this, requested that ILR should be granted to those affected, to bridge the delay during its implementation.

Presumably these issues are now in the process of being revisited.