Home Office still refusing citizenship to Windrush victims it locked out of the UK

Section 9 and Schedule 1 of the Nationality and Borders Act 2022 amended nationality law to give the Home Secretary discretion, in special circumstances, to treat an applicant as meeting the requirement to have been in the UK at the start of the qualifying residence period.

"We're also taking action so that the Windrush generation would not be prevented from qualifying for citizenship because through no fault of their own, they had been unable to return to the UK and meet residence requirements."

Patel said at the Tory party conference at the time.

Evidence seen by JamRadio suggests the experience of some applicants has not matched the assurances ministers gave or the law on the statue books.

^{Excerpt from a recent refusal letter obtained by JamRadio}

In two cases examined by JamRadio, people who had lived in the Britain for decades were returned to the UK as foreign nationals rather than being granted British citizenship. After applying for citizenship on their return, they were told they did not meet residence requirements for citizenship registration under the Windrush Scheme.

In one case, the Home Office required one of the men to obtain a Jamaican passport and apply for a visa to re-enter the UK after more than 25 years exiled overseas.

Former minister insists the Home Office “follows the law”

When JamRadio put these cases to then Immigration Minister Mike Tapp MP earlier this year, he said the Home Office “follows the law” and expressed sympathy for the cases described. He declined to comment on individual decisions, saying that any further appeal routes or avenues available “will be taken seriously as every application and claim is.”

His response sits uneasily alongside ministers’ assurances and contrasts with the experiences of people still seeking recognition of their rights after decades of injustice.

A widening gap between policy and practice

These cases point to a gap between ministers’ statements about the 2022 reforms and the way the Home Office has applied residence requirements in the cases examined by JamRadio.

For many, the promise of justice and of righting the wrongs of the Windrush scandal remains theoretical, overshadowed by bureaucratic hurdles, prolonged uncertainty and decisions that appear to contradict the reforms intended to address past injustices.

If you or someone you know has been affected by the Windrush scandal, or needs advice about British citizenship, please get in touch with us.