UK deporting nationalized Caribbeans from the Windrush Generation

tru_m.a.c

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Labour MP says situation has come about because of the hostile environment that begun under Theresa May, as he blames a climate of far-right rhetoric. People who came to the UK in the 1950s and 60s are now concerned about whether they have a legal right to remain in the country.

The government has admitted that some people from the Windrush generation had been deported in error, as Theresa May appeared to make a U-turn on the issue

Amber Rudd 'sorry' for appalling treatment of Windrush-era citizens
Minister criticises Home Office and promises cases will be resolved in two weeks

Windrush-era citizens row: timeline of key events

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The British home secretary has delivered an unprecedented apology for the “appalling” actions of her own department towards Windrush-era citizens, acknowledging that the Home Office had “lost sight of individuals” and become “too concerned with policy”.

In the face of mounting criticism, Amber Rudd announced the creation of a new Home Office team, staffed by 20 officials, dedicated to ensuring that Commonwealth-born long-term UK residents will no longer find themselves classified as illegal immigrants. She promised that cases would be resolved within two weeks and application fees would be waived.

In a highly unusual acknowledgement that the government’s hostile immigration policy is having a catastrophic effects on individuals’ lives, Rudd said: “Frankly, how they have been treated has been wrong – has been appalling – and I am sorry. That is why I am setting up a new area in my department to ensure that we have a completely new approach to how their situation is regularised.”

She made a significant criticism of her own department, adding: “I am concerned that the Home Office has become too concerned with policy and strategy and sometimes loses sight of the individual. This is about individuals, and we have heard the individual stories, some of which have been terrible to hear.”

She said she was very sorry for the anxiety suffered by numerous people who arrived in the UK as children after newly tightened immigration laws required them to prove that they were here legally.

The Guardian has been documenting a growing scandal over the past five monthsaffecting an unknown number of people who arrived in the UK as children from the Caribbean as children (often on parents’ or siblings’ passports) but were never formally naturalised or hadn’t applied for a British passport.

Because newly tightened immigration rules mean individuals are increasingly required to show documents proving a right to be in the UK before they can take up work, rent properties, access healthcare, or claim benefits, many have lost their jobs or been made homeless or refused urgent healthcare. Some have been sent to immigration removal centres or threatened with deportation.

A colleague of Rudd’s, immigration minister Caroline Nokes, earlier appeared to suggest that people had been deported in error back to countries they left as children for not having the right documents. Rudd said she was unable to confirm if this was the case, and had asked Caribbean diplomats if they were aware of mistaken deportations.

Rudd’s announcement came after the prime minister was forced into an embarrassing U-turn over Downing Street’s refusal to schedule a meeting requested by 12 Caribbean heads of government to discuss the problem at a meeting of the Commonwealth heads of government (Chogm), which opened in London on Monday.

The rebuffal was described as “most unfortunate” by the Barbados high commissioner, just before the meeting began. Within hours, Theresa May’s spokesman announced that she had agreed to set up a meeting after all. He added that the prime minister “deeply values” the contribution the Windrush generation have made, but the outrage over the initial refusal overshadowed the opening of the conference.

The decision to back down on the refusal to schedule a Chogm meeting on the issue followed rising anger from politicians of all parties. Over 140 MPs from all parties sent a letter to May, expressing concern about the incorrect classification of many Commonwealth-born, long-term British as “illegal immigrants” and calling on her to find a “swift resolution of this growing crisis”.

Communities secretary Sajid Javid said he was “deeply concerned” about the Windrush scandal, adding ”this should not happen to people who have been longstanding pillars of our community.”

Rudd’s announcement came in response to an urgent question called by Labour’s David Lammy who said it was “inhumane and cruel” for so many in the Windrush generation “to have suffered so long in this condition”.

Amber Rudd 'sorry' for appalling treatment of Windrush-era citizens
 

tru_m.a.c

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UK removed legal protection for Windrush immigrants in 2014


Government quietly deleted clause that protected long-term residents from deportation



Jamaican immigrants are welcomed by RAF officials in 1948 following their arrival in the UK on the ship Empire Windrush. Photograph: PA
The government quietly removed a key protection from the statute books for some British residents of the Windrush generation who could face deportation, the Guardian has learned.

The Home Office said the clause was not included in the 2014 Immigration Act because adequate protections were already in place for people who were initially granted temporary rights to remain in the UK and have stayed for decades.

The Labour party, lawyers and charities are urging the government to reinstate the clause to ensure all longstanding Commonwealth residents are protected from enforced removal, not just those who have gained “settled” status.

The Guardian has revealed many cases of Commonwealth citizens who have lived, worked and paid taxes in the UK for decades but have recently been threatened with removal. They have struggled to provide the paperwork required by the Home Office to prove they have the legal right to remain in the UK.

Diplomats from 12 Caribbean countries have called on the Home Office to resolve the situation.

The onus is on individuals to prove they were resident in the UK before 1 January 1973, the date the 1971 Immigration Act came into force. However, a key clause from 1999 legislation, which had provided longstanding Commonwealth residents with protection from enforced removal, was deleted from the 2014 Immigration Act. The government did not announce the removal of this clause, nor did it consult on the potential ramifications.

Some Commonwealth citizens were given temporary permission to work in the UK or arrived as students before 1973. They are likely to have been born in the late 1940s or early 1950s and are now of pensionable age. As a result of the government’s “hostile environment” policies requiring landlords, the NHS and other bodies to check people’s immigration status, these cases have started to come to light.

Children of the Windrush generation – those invited by the British government to work in the UK after the second world war – were automatically entitled to settled status under the Commonwealth Immigrants Act 1962, provided they had documentation that satisfied the Home Office. There is no equivalent clause specifically protecting Commonwealth citizens granted limited status before January 1973, such as students or people who came on temporary work visas.

All longstanding Commonwealth residents were protected from enforced removal by a specific exemption in the 1999 Immigration and Asylum Act – a clause removed in the updated 2014 legislation.

Frances Webber, a former barrister and vice-chair of the Institute of Race Relations, discovered the deletion of the clause. “I find it very frightening that rights can be removed in this way, surreptitiously, with no debate,” she said.

“It is particularly cruel that the people secretly stripped of these rights will by definition have lived here for getting on for half a century. The inhumanity of it, and the disregard for democracy, are breathtaking. The deletion of the exemption was clearly deliberate … There is a gap in the protection for long-resident Commonwealth citizens, which needs to be filled.”

Diane Abbott, the shadow home secretary, criticised the removal of the clause without parliamentary debate or announcement and urged the government to rethink it. “We want the legal protections that were previously given to be upheld,” she said. “It would be a small matter to alter the law. But it would mean a great deal to those affected, and enhance this country’s reputation for fair dealing and keeping its word.”

Satbir Singh, the chief executive of the Joint Council for the Welfare of Immigrants, said: “This is yet another example of the government reneging on its commitments to the Commonwealth. It would be simple to correct this oversight, and the government needs to act immediately to do so. Our rights should never be removed in secret or by accident.”

New Home Office guidance relating to Commonwealth citizens who arrived in the UK before January 1973 says they will “most likely” have settled status and “the chances are” they are entitled to permanent residency.

A Home Office spokesperson said: “We are clear that Commonwealth citizens living in the UK before 1 January 1973 are adequately protected from removal – to report otherwise would be misleading. Legislation is complex and, when revising it, it is the normal process to simplify it where possible and remove duplications in law.”

UK removed legal protection for Windrush immigrants in 2014
 

BigMoneyGrip

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their immigration policies have been backwards and discriminatory for sometime

And for most of the countries in the West Indies that was under UK rule these countries were commonwealths and come citizens were theoretically UK citizens sort of like how Puerto Rico is with the US...

UK trying to play my folk out :mjcry:

@jj23 they don’t want us to win :mjcry:
 

Secure Da Bag

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It blows my mind that they're people living in so called 'developed countries' and do not have a passport

It should blow your mind that it's not policy for the government to give you a passport within weeks of being born. In the US, you get a birth certificate and Social Security Number, but somehow no passport. :jbhmm:
 

Hawaiian Punch

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And for most of the countries in the West Indies that was under UK rule these countries were commonwealths and come citizens were theoretically UK citizens sort of like how Puerto Rico is with the US...

UK trying to play my folk out :mjcry:

@jj23 they don’t want us to win :mjcry:

That shyt is so wicked. Dead their protections as soon as they get to retirement age, just to deny them benefits. Only devils think like this.
 

jj23

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And for most of the countries in the West Indies that was under UK rule these countries were commonwealths and come citizens were theoretically UK citizens sort of like how Puerto Rico is with the US...

UK trying to play my folk out :mjcry:

@jj23 they don’t want us to win :mjcry:


Begged us to come in the 50s when they were struggling after the war. Now in 2018, these same people who have probably contributed more to the society post 1950 than many of the homegrown citizens are being treated like dirt. People how have never been to the land of origin of their parents are threatened with deportation.

It's an embarrassing spectacle. At least they copped to it and didn't try any Trump like deflections.
 

jj23

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I'm confused I'm from what many call a 'developing country' in the Caribbean and everyone applies for their passport as kids


The reality is you get a passport primarily for travel. These folks had no reason to get one. I didn't apply for my passport in the Caribbean until I was a teenager, and I had somewhere to go. My parents weren't wealthy, so travelling wasn't on the cards for me until I made my own cash.
 
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