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Windrush Scheme


In rectifying citizenship status we have helped many clients.

You could be eligible for the Windrush Scheme if you are:

  • a Commonwealth citizen who settled in the UK before 1 January 1973 or has right of abode
  • a child of a Commonwealth citizen parent who settled before 1 January 1973, where you were born in the UK or arrived in the UK before the age of 18
  • a person of any nationality who settled in the UK before 31 December 1988 and is settled in the UK.

The basis of a “Windrush claim”.


'Emotional Distress’ appears at the top of the list and might well be the most difficult head of loss to quantify and assess.

Different types of losses which could be included:

  • Costs associated with confirming    immigration status
    •  Fees
    •  Incidental costs
    •  Legal costs
  • Loss of income (due to being unable to provide evidence of lawful immigration status)
  • Employment
  • Statutory benefits
  • Detention, removal and travel
  • Denial of exit or re-entry to the UK
  • Denial of access to public, private and other services (including NHS services, housing, driving licence etc.)
  • Impact on normal daily life (will likely cover anything from mild stress to  significant mental and physical health issues).

Type of losses Interview with 

Martin Forde QC: 

Law reform


Whilst there were multiple changes to immigration and nationality laws over the years, the nationality status of the ‘children of Windrush’ remained the same and was never challenged. As a result, they set up their lives in the UK, going on to build careers, families, homes and contributed to society.

But following the introduction of the so-called ‘hostile environment’ legislation of 2014 and 2016, everything changed.  The 'Windrush Scheme' aims to rectify this. Further reforms will be necessary.