Obtaining documents to remain in the UK
Dear Mr Bassie,
I would like to obtain papers to prove that I can stay and work in the United Kingdom. I have been in the country prior to 1970 and I am from a Commonwealth country. Please let me know if this is possible.
JG
Dear JG,
Persons who arrived in the United Kingdom (UK) prior to 1973 from a Commonwealth country may be able to apply for a document to prove that they can live and work in the UK as long as the following conditions are fulfilled. The persons applying are Commonwealth citizens and they were settled in the UK before January 1, 1973.
What persons are entitled to will depend on whether they have been living in the UK continuously; left the UK for more than two years and returned; or are outside the UK.
Persons who have lived in the UK continuously, or have the right of abode, will be able to apply for one of the following:
• British citizenship;
• Evidence they have the right of abode;
• A document confirming they have indefinite leave to remain.
Persons who require assistance may contact the ‘Windrush helpline’ for help with working out if they are eligible and how they may apply.
Those persons who have been away from the UK for more than two years at some point and are now lawfully back in the UK, might be entitled to indefinite leave to remain.
Please note that if persons already have indefinite leave to remain, they might be able to apply for either a document to prove they have this or British citizenship. Again, persons are encouraged to contact the Windrush helpline for help with working out if they are eligible and how to apply.
Last, those persons who are outside the UK and have lost their indefinite leave to remain, they might be entitled to a Returning Resident visa or a 10-year, multipleentry visa. The Windrush helpline can also assist in working out if persons are eligible.
I hope this helps.
John S. Bassie is a barrister/ attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Courtappointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: