Windrush Scheme

If the applicant does not apply for British Citizenship, or does not qualify for naturalisation, the Taskforce will consider whether they have the Right of Abode and, if so, they will be given a document confirming their Right of Abode.

If not, the Taskforce will consider whether they are entitled to remain in the UK and, if so, they will be given a biometric document confirming their settled status (NTL – No Time Limit).

A Commonwealth citizen who was settled in the UK before 1 January 1973, whose settled status lapsed because they left the UK for a period of more than 2 years, and who is now lawfully in the UK and who has strong ties to the UK

If the applicant is currently lawfully in the UK and not liable to deportation on grounds of criminality or other non-conducive behaviour and has strong ties with the UK they will be given indefinite leave to remain.

If the applicant is already settled in the UK and wants British Citizenship they will be considered for naturalisation under the British Nationality Act 1981 in accordance with the residence and good character requirements. They will be required to pass the Life in the UK test and meet the English requirement where relevant. They will not have to attend a citizenship ceremony, unless they want to.

A child of a Commonwealth citizen parent, where the child was born in the UK or arrived in the UK before the age of 18, and has been continuously resident in the UK since their birth or arrival, and the parent was settled before 1 January 1973 or has the Right of Abode (or met these criteria but is now a British Citizen).

Where the parent died before 1 January 1973, it is sufficient that they were settled in the UK before their death.

The Taskforce will consider whether the applicant is already a British Citizen and if they are they will be given a document confirming that.

If they are not, and the applicant has said on the application that they want British Citizenship, the Taskforce will consider whether the applicant has the right to register as a British citizen under the British Nationality Act 1981. If they do, they will be given a certificate of registration.

If they are not entitled to register as British, they will be considered for naturalisation under the British Nationality Act 1981. Applicants whose parent was settled in the UK before 1 January 1973 or those whose parent had a Right of Abode who had strong ties to the UK will be taken to have sufficient knowledge of English and of life in

the UK and so the requirement to pass the Life in the UK test will not apply to them. They will also not have to attend a citizenship ceremony, unless they want to. The applicant will have to meet the residence requirements for Citizenship and the good character requirement. If the applicant qualifies for British Citizenship, they will be given a certificate of naturalisation.

If the applicant does not apply for British Citizenship, or does not qualify for naturalisation, the Taskforce will consider whether they have the Right of Abode and, if so, they will be given a document confirming the Right of Abode.

If not, the Taskforce will consider whether they are settled in the UK and, if so, they will be given a biometric document confirming their settled status (NTL – No Time Limit).

If not, if they are lawfully in the UK and are not liable to deportation on grounds of criminality or other non-conducive behaviour, they will be given indefinite leave to remain.

A person of any nationality, who arrived in the UK before 31 December 1988 and is settled in the UK.

The Taskforce will consider whether the applicant is already a British citizen and, if they are, they will be given a document confirming that.

If the applicant is not British, the Taskforce will consider whether they have the Right of Abode and if so they will be given a document confirming the Right of Abode.

If not, the Taskforce will consider whether they are settled in the UK and, if so, they will be given a biometric document confirming their settled status (NTL – No Time Limit).

You can find out more about Right of Abode, registration as a British citizen, residence requirements for naturalisation and good character requirements for naturalisation/registration on GOV.UK.

A person outside the UK

A Commonwealth citizen who was settled in the UK before 1 January 1973 but who does not have a document confirming their Right of Abode or settled status, or whose settled status has lapsed because they left the UK for a period of more than 2 years.

The Taskforce will consider whether the applicant has the right of Abode and, if so, they will be given a certificate of entitlement to the Right of Abode.

If not, the taskforce will consider whether the applicant meets the requirements for a Returning Resident visa under the Immigration Rules. If so, and the applicant states on the application that they want to return to the UK permanently, they will be granted a Returning Resident Visa. On returning to the UK a Returning Resident can apply to naturalise as a British citizen only after they have been resident in the UK for a further 5 years (3 years if they are the spouse or civil partner of a British citizen). They will be able to apply for free but will face the requirement to pass the Life in the UK test and meet the English requirement where relevant. They will not have to attend a citizenship ceremony, unless they want to.

If the applicant qualifies as a Returning Resident but states on the application that they want only to visit the UK, the taskforce will consider whether they also meet the requirements for a visit visa under the Immigration Rules and, if so, they will be granted a 10-year multiple entry visit visa which will allow them to visit the UK for up to 6 months at a time within that 10-year period.

If you are a commonwealth Citizen and you believe you may be entitled to British Citizenship or Leave to Remain under this scheme and need expert advise and assistance, please contact us for immediate appointment.