Black History Month – the legacy of the Windrush generation

17 Oct 2024, 51 mins ago

The ‘Windrush’ generation refers to immigrants who arrived in the UK from Caribbean countries between 1948 and 1973. Many of those arriving took up jobs in the newly created NHS and other sectors experiencing a post-war labour shortage. Their journey, marked by both triumphs and hardships, is a testament to the resilience and contributions of black Britons.

This being Black History Month, we reflect on the experiences of the Windrush generation and their enduring impact on British society. The arrival of these new immigrants marked a new era of cultural diversity and enriched the nation with vibrant Caribbean traditions however their experiences also shed light on the systemic racism that has plagued British society for generations.

‘Windrush’ generation

The Windrush generation comprises individuals who emigrated  to the UK from Caribbean countries between 1948 and 1973. Many filled vital roles in the NHS and other industries facing post-war labour shortages in the post-war era, at the invitation and encouragement of the UK. The term Windrush itself is derived from the ship HMT Empire Windrush, which brought one of the first large groups of Caribbean migrants to British shores in 1948.

Windrush scandal

The government’s ‘Hostile Environment’ policy, introduced in 2012 by then-Home Secretary Theresa May, had devastating consequences for some Commonwealth citizens, including the Windrush generation. The Windrush scandal erupted in 2017, when it emerged that hundreds of Commonwealth citizens, many from the Windrush generation, had been wrongfully detained, deported or denied their legal rights by the Home Office. Caribbean leaders demanded action from then-Prime Minister Theresa May as the full extent of the government’s failings became apparent. The scandal exposed the devastating impact of Britain’s flawed immigration system on the lives of Black Britons.

Many of those who arrived had a right of settlement in the UK by virtue of their Citizen of the United Kingdom and Colonies (CUKC) status and were therefore not under an obligation to have any documents to enter the UK at the time. Children who arrived were also able to travel on their parents or grandparents’ passports, and therefore may never have had a passport. Until 1973, they were given a permanent right to remain in the UK and were therefore not under an obligation to obtain any immigration documents evidencing their right to live or work in the UK. When later faced with allegations of having no right to be in the UK, the Windrush victims became trapped in a bureaucratic nightmare. The Home Office’s stringent evidence requirements and the failure to retain crucial records made it impossible for them to prove their legal status. As a result, countless people were wrongly labelled as  ‘illegal immigrants’ stripped of their rights, and subjected to detention, deportation, and financial ruin. Public outcry over this injustice led to calls for systemic reform within the Home Office. In response, then Home Secretary Sajid Javid initiated the Windrush Lessons Learned Review in May 2018.

What is the Windrush Scheme?

The Windrush Scheme is a government program that helps people who have been living in the UK a long time but do not have documents to prove their right to live and work here.

The Scheme aims to rectify the injustices suffered by those individuals and provides a pathway for these individuals to obtain official documents confirming their right to reside and work in the UK.

A person may be eligible for the Windrush Scheme if they or their parent(s) are:     

  • A Commonwealth citizen in the UK who was either settled in the UK before 1 January 1973 and has been continuously resident here since their arrival or has the Right of Abode; or whose settled status has lapsed because they left the UK for over 2 years, but has strong ties to the UK; or
  • A person of any nationality in the UK who arrived before 31 December 1988 and is settled in the UK;
  • A Commonwealth citizen outside the UK, who was settled in the UK before 1 January 1973 but does not have a document confirming their settled status or Right of Abode, or whose settled status has lapsed because they left the UK for a period of more than 2 years.

Separately, people may be able to claim compensation if an individual suffered losses as a result not being able to demonstrate they had a right to live in the UK, for example loss of employment or fees associated with immigration applications or detention/removal from the UK.

To learn more about the Windrush Scheme visit the government’s dedicated webpage here.

Updated: October 2024

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2024