Update to the HASC on Windrush: 28 April 2020 (accessible)
Published 29 April 2020
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Home Secretary
2 Marsham Street
London
SW1P 4DF
Rt Hon Yvette Cooper MP
Chair, Home Affairs Select Committee
House of Commons
London
SW1A 4AA
28 April 2020
Dear Chair,
Please find below a further update on the work of my department in relation to Windrush, in line with the commitments my predecessors have previously made to your Committee. This correspondence also responds to your letter on Urgent and Exceptional Payments, dated 11 March 2020.
This update reflects the status as at 31 March 2020. Further detail is also provided on:
- The work of the Taskforce
- The Historical Cases Review
- The Windrush Compensation Scheme
Since my previous update, the Wendy Williams Lessons Learned review has been published. I gave a substantive update to Parliament at the time setting out my initial response to the report, as well as its importance to me personally and to the Government. As I said in my statement, I will be providing a further update to the House in the coming months on the work the Department is taking forward in response to the report and its recommendations.
I would also like the chance to welcome the ongoing work of our dedicated Vulnerable Persons Team (set out in further detail below), which has been providing bespoke support and advice to hundreds of customers where safeguarding and vulnerability issues are identified.
The Work of the Taskforce
In total, under both the initial arrangements put in place prior to the establishment of the Windrush Scheme (Table 1), and under the Windrush Scheme itself (Table 5), 12,030 individuals have been granted some form of documentation by the Taskforce.
Further detail is provided below on the work of the Taskforce, covering the following areas:
- Initial regularisation of status
- The Windrush Scheme – in-country applications
- The Windrush Scheme – overseas applications
- Refusals under the Windrush Scheme
- Publication of revised Windrush Scheme and Guidance
- Support to vulnerable individuals and those experiencing hardship
- Urgent and exceptional support
Initial regularisation of status
On 16 April 2018, the Home Office established a Taskforce to ensure that members of the Windrush generation could evidence their right to be in the UK. This section provides details relating to the immediate Home Office response to Windrush. The data provided covers:
- Individuals given documentation confirming their status
- Nationality of those given documentation confirming their status
- Date of arrival in the UK
- Decision timeliness.
Some figures have changed slightly, due to the normal process of assuring records on the Casework Information Database, which is a live operational system. There may be more adjustments in future as a result of further assurance work.
In previous updates, data regarding the number of individuals contacting the Taskforce and called back by a caseworker was included. However, call and email volumes have continued to reduce significantly.
This was the initial process prior to the formal Windrush Scheme being established. As such numbers of these cases have significantly decreased overtime as the outstanding cases were cleared. Therefore, for tables 1-4 which cover this process there are no new figures after December 2019.
Table 1: Individuals given documentation confirming status
The following tables refer to individuals referred to a UK Premium Service Centre after contacting the Windrush Taskforce, and who have been issued with documentation to confirm their right to remain in the UK. Documentation confirming status includes people given Indefinite Leave to Remain (ILR) and No Time Limit (NTL). Data is broken down by date, nationality and date of arrival in the UK. This data comes from the Casework Information Database.
| Month | Number of individuals given documentation confirming status |
|---|---|
| Apr-18 | 139 |
| May-18 | 1,284 |
| Jun-18 | 698 |
| Jul-18 | 168 |
| Aug-18 | 113 |
| Sep-18 | 28 |
| Oct-18 | 9 |
| Nov-18 | 8 |
| Dec-18 | 5 |
| Jan-19 | 6 |
| Feb-19 | 1 |
| Mar-19 | 3 |
| Apr-19 | 5 |
| May-19 | 10 |
| Jun-19 | 9 |
| Jul-19 | 7 |
| Aug-19 | 2 |
| Sep-19 | 4 |
| Oct-19 | 3 |
| Nov-19 | 0 |
| Dec-19 | 1 |
| Jan-20 | 0 |
| Feb-20 | 0 |
| Mar-20 | 0 |
| Total | 2,503 |
Some of the people helped by the Taskforce are excluded from this data, such as those who attended a Premium Service Centre appointment but for whom it was confirmed that they already held the necessary documentation, or those who went on to submit a successful application for citizenship under the Windrush Scheme before they had been issued with ILR or NTL documentation.
Table 2: Nationality of those given documentation confirming status
The Committee will note that six of the individuals in this table are British citizens. These are people who approached the Taskforce to request confirmation of their status and were issued with a document to confirm their British nationality.
| Nationality | Arrived before 1 January 1973 | Arrived after 31 December 1972 | Family Member | Not recorded | Grand Total |
|---|---|---|---|---|---|
| Antigua & Barbuda | 6 | 2 | 0 | 0 | 8 |
| Aruba | 2 | 0 | 0 | 0 | 2 |
| Australia | 20 | 10 | 0 | 0 | 30 |
| Bahamas | 0 | 1 | 0 | 0 | 1 |
| Bangladesh | 3 | 4 | 0 | 0 | 7 |
| Barbados | 198 | 26 | 10 | 0 | 234 |
| British Citizen | 5 | 1 | 0 | 0 | 6 |
| ‘British Person Overseas’* | 10 | 1 | 3 | 0 | 14 |
| Brunei Darussalam | 1 | 0 | 0 | 0 | 1 |
| Burma (Myanmar) | 1 | 1 | 1 | 0 | 3 |
| Cameroon | 0 | 1 | 0 | 0 | 1 |
| Canada | 39 | 4 | 0 | 0 | 43 |
| Curacao | 1 | 0 | 0 | 0 | 1 |
| Cyprus | 2 | 2 | 0 | 0 | 4 |
| Denmark | 1 | 0 | 0 | 0 | 1 |
| Dominica | 59 | 7 | 1 | 0 | 67 |
| Dominican Republic | 1 | 1 | 1 | 0 | 3 |
| France | 2 | 0 | 0 | 0 | 2 |
| Gambia | 1 | 1 | 1 | 0 | 3 |
| Germany | 1 | 0 | 0 | 0 | 1 |
| Ghana | 7 | 5 | 4 | 0 | 16 |
| Grenada | 77 | 18 | 5 | 0 | 100 |
| Guadeloupe | 3 | 0 | 0 | 0 | 3 |
| Guyana | 61 | 14 | 2 | 0 | 77 |
| India | 81 | 23 | 3 | 0 | 107 |
| Ireland | 1 | 0 | 0 | 0 | 1 |
| Jamaica | 1,041 | 109 | 53 | 0 | 1,203 |
| Kenya | 13 | 5 | 0 | 0 | 18 |
| Libya | 1 | 0 | 0 | 0 | 1 |
| Malawi | 0 | 1 | 0 | 0 | 1 |
| Malaysia | 12 | 18 | 0 | 0 | 30 |
| Malta | 9 | 0 | 0 | 0 | 9 |
| Mauritius | 10 | 5 | 2 | 0 | 17 |
| Morocco | 0 | 1 | 0 | 0 | 1 |
| New Zealand | 12 | 10 | 1 | 0 | 23 |
| Nigeria | 49 | 14 | 5 | 0 | 68 |
| Pakistan | 13 | 9 | 0 | 0 | 22 |
| Philippines | 0 | 1 | 0 | 0 | 1 |
| Seychelles | 2 | 0 | 1 | 0 | 3 |
| Sierra Leone | 6 | 7 | 2 | 0 | 15 |
| Singapore | 3 | 2 | 0 | 0 | 5 |
| South Africa | 7 | 4 | 0 | 0 | 11 |
| Sri Lanka | 4 | 2 | 0 | 0 | 6 |
| Stateless Person (Article 1 of 1954 Convention) | 1 | 0 | 0 | 0 | 1 |
| St Kitts & Nevis | 23 | 4 | 2 | 0 | 29 |
| St.Lucia | 62 | 7 | 6 | 0 | 75 |
| St Vincent & the Grenadines | 74 | 8 | 4 | 0 | 86 |
| Trinidad & Tobago | 79 | 17 | 2 | 0 | 98 |
| Uganda | 7 | 4 | 0 | 0 | 11 |
| United Rep of Tanzania | 4 | 3 | 0 | 0 | 7 |
| United States of America | 8 | 3 | 1 | 0 | 12 |
| Unspecified Nationality | 1 | 0 | 1 | 0 | 2 |
| Zambia | 0 | 3 | 0 | 0 | 3 |
| Zimbabwe | 3 | 4 | 2 | 0 | 9 |
| Grand Total | 2,027 | 363 | 113 | 0 | 2,503 |
*‘British person overseas’ includes: British National (Overseas), British Overseas Citizen, British Overseas Territories Citizen, British Protected Person, British Subject.
Table 3: Date of arrival in the UK
This table shows whether individuals given documentation arrived in the UK before or on 1 January 1973 or later, based on evidence gathered and recorded by the Taskforce.
| Month | Arrived before 1 January 1973 | Arrived after 31 December 1972 | Family Member | Not recorded | Total |
|---|---|---|---|---|---|
| Apr-18 | 120 | 15 | 4 | 0 | 139 |
| May-18 | 1,072 | 153 | 59 | 0 | 1,284 |
| Jun-18 | 555 | 113 | 30 | 0 | 698 |
| Jul-18 | 128 | 29 | 11 | 0 | 168 |
| Aug-18 | 85 | 24 | 4 | 0 | 113 |
| Sep-18 | 23 | 5 | 0 | 0 | 28 |
| Oct-18 | 8 | 1 | 0 | 0 | 9 |
| Nov-18 | 6 | 2 | 0 | 0 | 8 |
| Dec-18 | 2 | 3 | 0 | 0 | 5 |
| Jan-19 | 3 | 2 | 1 | 0 | 6 |
| Feb-19 | 1 | 0 | 0 | 0 | 1 |
| Mar-19 | 0 | 1 | 2 | 0 | 3 |
| Apr-19 | 0 | 5 | 0 | 0 | 5 |
| May-19 | 8 | 2 | 0 | 0 | 10 |
| Jun-19 | 5 | 3 | 1 | 0 | 9 |
| Jul-19 | 3 | 3 | 1 | 0 | 7 |
| Aug-19 | 2 | 0 | 0 | 0 | 2 |
| Sep-19 | 4 | 0 | 0 | 0 | 4 |
| Oct-19 | 1 | 1 | 1 | 0 | 3 |
| Nov-19 | 0 | 0 | 0 | 0 | 0 |
| Dec-19 | 1 | 0 | 0 | 0 | 1 |
| Jan-20 | 0 | 0 | 0 | 0 | 0 |
| Feb-20 | 0 | 0 | 0 | 0 | 0 |
| Mar-20 | 0 | 0 | 0 | 0 | 0 |
| Total | 2,027 | 362 | 114 | 0 | 2,503 |
Table 4: Decision timeliness
This table shows the time taken for decisions for those given documentation based on the time between biometric enrolment and the date of the decision being despatched. Biometric enrolment is a key part of the evidence gathering process, which normally occurs at the individual’s first appointment at the Premium Service Centre. The Taskforce aims to complete the decision-making process within two weeks of all the evidence being gathered. Usually this will be from the point that biometrics are taken, although in some cases further evidence is supplied by the applicant or other sources after this point. Some decisions will fall outside these timescales due to their complexity.
Numbers of decisions have continued to reduce as we move through the outstanding applications made before the Windrush Scheme was launched. These outstanding cases were more complex cases which required more detailed information gathering before we could issue documentation to the individuals, hence a greater number of these decisions took longer than two weeks.
| Month | Decided within 2 weeks of biometric enrolment | Decided beyond 2 weeks of biometric enrolment | Total (by Month) | |
|---|---|---|---|---|
| Apr-18 | 139 | 0 | 139 | |
| May-18 | 1,259 | 25 | 1,284 | |
| Jun-18 | 585 | 113 | 698 | |
| Jul-18 | 15 | 153 | 168 | |
| Aug-18 | 4 | 109 | 113 | |
| Sep-18 | 4 | 24 | 28 | |
| Oct-18 | 3 | 6 | 9 | |
| Nov-18 | 0 | 8 | 8 | |
| Dec-18 | 1 | 4 | 5 | |
| Jan-19 | 0 | 6 | 6 | |
| Feb-19 | 0 | 1 | 1 | |
| Mar-19 | 0 | 3 | 3 | |
| Apr-19 | 0 | 5 | 5 | |
| May-19 | 0 | 10 | 10 | |
| Jun-19 | 0 | 9 | 9 | |
| Jul-19 | 1 | 6 | 7 | |
| Aug-19 | 1 | 1 | 2 | |
| Sep-19 | 0 | 4 | 4 | |
| Oct-19 | 0 | 3 | 3 | |
| Nov-19 | 0 | 0 | 0 | |
| Dec-19 | 0 | 1 | 1 | |
| Jan-20 | 0 | 0 | 0 | |
| Feb-20 | 0 | 0 | 0 | |
| Mar-20 | 0 | 0 | 0 | |
| Total | 2,012 | 491 | 2,503 |
The Windrush Scheme – in-country applications
On 24 May 2018, the then Home Secretary, laid a Written Ministerial Statement setting out the Windrush Scheme, which ensures that members of this generation, their children born in the UK and those who arrived in the UK as minors, will be able to apply for citizenship, or various other immigration products, free of charge. The Scheme came into force on 30 May 2018.
The following section includes information on:
- Number of individuals granted citizenship or NTL/ILR under the Scheme
- Nationality of individuals granted citizenship or NTL/ILR under the Scheme
- Date of arrival in the UK
- Overseas applications
- Overseas grants by nationality
- Refusals under the Windrush Scheme
- Refusals breakdown of those who applied in the UK
- Reviews of the refusals under Windrush.
Table 5: Number of individuals granted citizenship or NTL/ILR under the Scheme
| Month | Number of individuals granted citizenship or NTL/ILR | Number of individuals granted citizenship | Number of individuals granted NTL/ILR |
|---|---|---|---|
| May-18 | 0 | 0 | 0 |
| Jun-18 | 589 | 586 | 3 |
| Jul-18 | 901 | 869 | 32 |
| Aug-18 | 790 | 660 | 130 |
| Sep-18 | 382 | 294 | 88 |
| Oct-18 | 529 | 409 | 120 |
| Nov-18 | 490 | 353 | 137 |
| Dec-18 | 334 | 225 | 109 |
| Jan-19 | 450 | 267 | 183 |
| Feb-19 | 246 | 168 | 78 |
| Mar-19 | 411 | 216 | 195 |
| Apr-19 | 450 | 224 | 226 |
| May-19 | 417 | 220 | 197 |
| Jun-19 | 341 | 175 | 166 |
| Jul-19 | 432 | 213 | 219 |
| Aug-19 | 238 | 141 | 97 |
| Sep-19 | 317 | 153 | 164 |
| Oct-19 | 407 | 175 | 232 |
| Nov-19 | 472 | 121 | 351 |
| Dec-19 | 361 | 120 | 241 |
| Jan-20 | 324 | 120 | 204 |
| Feb-20 | 389 | 124 | 265 |
| Mar-20 | 257 | 80 | 177 |
| Total | 9,527 | 5,913 | 3,614 |
Table 6: Nationality of individuals granted citizenship or NTL/ILR under the Scheme
There are 126 British citizens included in this table. These are individuals who approached the Taskforce to request confirmation of their status and were issued with a document to confirm their British nationality.
| Nationality | Arrived before 1 January 1973 | Arrived after 31 December 1972 | Family Member | Not recorded | Grand Total |
|---|---|---|---|---|---|
| Antigua & Barbuda | 14 | 1 | 9 | 0 | 24 |
| Aruba | 4 | 0 | 0 | 0 | 4 |
| Australia | 147 | 54 | 20 | 0 | 221 |
| Austria | 24 | 4 | 0 | 0 | 28 |
| Bahamas | 3 | 0 | 0 | 0 | 3 |
| Bangladesh | 33 | 37 | 21 | 0 | 91 |
| Barbados | 392 | 27 | 29 | 0 | 448 |
| Belgium | 9 | 8 | 1 | 0 | 18 |
| Belize | 0 | 2 | 3 | 0 | 5 |
| Benin | 1 | 0 | 0 | 0 | 1 |
| Brazil | 1 | 0 | 0 | 0 | 1 |
| British Citizen | 52 | 13 | 61 | 0 | 126 |
| ‘British Person Overseas’* | 54 | 23 | 8 | 0 | 85 |
| Brunei Darussalam | 2 | 0 | 0 | 0 | 2 |
| Burma (Myanmar) | 9 | 0 | 1 | 0 | 10 |
| Cameroon | 0 | 1 | 0 | 0 | 1 |
| Canada | 184 | 38 | 7 | 0 | 229 |
| Cape Verde | 0 | 1 | 0 | 0 | 1 |
| Chile | 2 | 9 | 1 | 0 | 12 |
| China | 3 | 1 | 0 | 0 | 4 |
| Colombia | 1 | 3 | 0 | 0 | 4 |
| Curacao | 3 | 0 | 0 | 0 | 3 |
| Cyprus | 27 | 9 | 5 | 0 | 41 |
| Democratic Republic of the Congo | 0 | 1 | 0 | 0 | 1 |
| Denmark | 25 | 12 | 0 | 0 | 37 |
| Dominica | 116 | 12 | 5 | 0 | 133 |
| Dominican Republic | 4 | 1 | 2 | 0 | 7 |
| Egypt | 0 | 1 | 0 | 0 | 1 |
| Ethiopia | 0 | 0 | 2 | 0 | 2 |
| Fiji | 2 | 1 | 0 | 0 | 3 |
| Finland | 21 | 14 | 2 | 0 | 37 |
| France | 85 | 62 | 15 | 0 | 162 |
| Gambia | 1 | 0 | 2 | 0 | 3 |
| Germany | 149 | 66 | 9 | 0 | 224 |
| Ghana | 40 | 35 | 21 | 0 | 96 |
| Greece | 5 | 4 | 3 | 0 | 12 |
| Grenada | 154 | 26 | 18 | 0 | 198 |
| Guadeloupe | 3 | 0 | 0 | 0 | 3 |
| Guyana | 100 | 20 | 8 | 0 | 128 |
| Honduras | 0 | 1 | 0 | 0 | 1 |
| Hungary | 2 | 0 | 0 | 0 | 2 |
| Iceland | 1 | 0 | 0 | 0 | 1 |
| India | 1,015 | 299 | 77 | 0 | 1,391 |
| Iran (Islamic Republic of) | 3 | 6 | 4 | 0 | 13 |
| Iraq | 1 | 1 | 0 | 0 | 2 |
| Ireland | 11 | 3 | 3 | 0 | 17 |
| Israel | 1 | 0 | 1 | 0 | 2 |
| Italy | 770 | 86 | 42 | 0 | 898 |
| Jamaica | 2,119 | 207 | 201 | 0 | 2,527 |
| Japan | 1 | 2 | 1 | 0 | 4 |
| Kenya | 30 | 12 | 4 | 0 | 46 |
| Lebanon | 0 | 1 | 0 | 0 | 1 |
| Lesotho | 0 | 1 | 0 | 0 | 1 |
| Liberia | 0 | 0 | 1 | 0 | 1 |
| Libya | 3 | 1 | 0 | 0 | 4 |
| Lithuania | 1 | 0 | 0 | 0 | 1 |
| Malawi | 2 | 2 | 0 | 0 | 4 |
| Malaysia | 80 | 48 | 22 | 0 | 150 |
| Malta | 166 | 49 | 15 | 0 | 230 |
| Mauritius | 23 | 6 | 4 | 0 | 33 |
| Morocco | 3 | 1 | 0 | 0 | 4 |
| Mozambique | 0 | 1 | 0 | 0 | 1 |
| Namibia | 0 | 1 | 0 | 0 | 1 |
| Nationality Currently Unknown | 1 | 0 | 0 | 0 | 1 |
| Netherlands | 67 | 37 | 6 | 0 | 110 |
| New Zealand | 56 | 28 | 11 | 0 | 95 |
| Nigeria | 119 | 44 | 42 | 0 | 205 |
| Norway | 7 | 6 | 1 | 0 | 14 |
| Pakistan | 49 | 33 | 10 | 0 | 92 |
| Palestinian Authority | 1 | 0 | 0 | 0 | 1 |
| Panama | 0 | 2 | 0 | 0 | 2 |
| Papua New Guinea | 0 | 0 | 1 | 0 | 1 |
| Philippines | 1 | 1 | 1 | 0 | 3 |
| Poland | 9 | 3 | 1 | 0 | 13 |
| Portugal | 43 | 13 | 3 | 0 | 59 |
| Refugee - Article 1 of the 1951 Convention | 1 | 0 | 0 | 0 | 1 |
| Seychelles | 4 | 3 | 3 | 0 | 10 |
| Sierra Leone | 16 | 7 | 6 | 0 | 29 |
| Singapore | 9 | 12 | 2 | 0 | 23 |
| Slovenia | 0 | 0 | 1 | 0 | 1 |
| Somalia | 1 | 0 | 1 | 0 | 2 |
| South Africa | 27 | 11 | 5 | 0 | 43 |
| South Korea (Rep of Korea) | 1 | 0 | 0 | 0 | 1 |
| Spain | 88 | 28 | 10 | 0 | 126 |
| Sri Lanka | 10 | 4 | 1 | 0 | 15 |
| Stateless Person (Article 1 of 1954 Convention) | 1 | 0 | 1 | 0 | 2 |
| St Christopher & Nevis | 5 | 0 | 0 | 0 | 5 |
| St Kitts & Nevis | 32 | 1 | 6 | 0 | 39 |
| St.Lucia | 147 | 10 | 25 | 0 | 182 |
| St Vincent & the Grenadines | 141 | 13 | 17 | 0 | 171 |
| Sweden | 29 | 9 | 2 | 0 | 40 |
| Switzerland | 2 | 3 | 2 | 0 | 7 |
| Thailand | 0 | 1 | 0 | 0 | 1 |
| Tonga | 1 | 0 | 0 | 0 | 1 |
| Trinidad & Tobago | 173 | 31 | 10 | 0 | 214 |
| Turkey | 3 | 4 | 2 | 0 | 9 |
| Turkish controlled area of Cyprus | 0 | 0 | 1 | 0 | 1 |
| Uganda | 17 | 5 | 1 | 0 | 23 |
| Ukraine | 1 | 0 | 0 | 0 | 1 |
| United Rep of Tanzania | 8 | 3 | 0 | 0 | 11 |
| United States of America | 60 | 37 | 13 | 0 | 110 |
| Unspecified Nationality | 18 | 7 | 39 | 0 | 64 |
| Uruguay | 0 | 0 | 1 | 0 | 1 |
| Uzbekistan | 0 | 1 | 0 | 0 | 1 |
| Venezuela | 1 | 0 | 0 | 0 | 1 |
| Vietnam | 0 | 4 | 0 | 0 | 4 |
| Zambia | 1 | 3 | 2 | 0 | 6 |
| Zimbabwe | 9 | 20 | 13 | 0 | 42 |
| Grand Total | 7,061 | 1,598 | 868 | 0 | 9,527 |
*‘British person overseas’ includes: British National (Overseas), British Overseas Citizen, British Overseas Territories Citizen, British Protected Person, British Subject.
Table 7: Date of arrival in the UK
| Month | Arrived before 1 January 1973 | Arrived after 31 December 1972 | Family Member | Not recorded | Total |
|---|---|---|---|---|---|
| May-18 | 0 | 0 | 0 | 0 | 0 |
| Jun-18 | 530 | 31 | 28 | 0 | 589 |
| Jul-18 | 789 | 35 | 77 | 0 | 901 |
| Aug-18 | 665 | 83 | 42 | 0 | 790 |
| Sep-18 | 306 | 58 | 18 | 0 | 382 |
| Oct-18 | 426 | 72 | 31 | 0 | 529 |
| Nov-18 | 357 | 93 | 40 | 0 | 490 |
| Dec-18 | 237 | 69 | 28 | 0 | 334 |
| Jan-19 | 302 | 101 | 47 | 0 | 450 |
| Feb-19 | 180 | 50 | 16 | 0 | 246 |
| Mar-19 | 287 | 80 | 44 | 0 | 411 |
| Apr-19 | 297 | 73 | 80 | 0 | 450 |
| May-19 | 289 | 59 | 69 | 0 | 417 |
| Jun-19 | 237 | 43 | 61 | 0 | 341 |
| Jul-19 | 301 | 75 | 56 | 0 | 432 |
| Aug-19 | 169 | 47 | 22 | 0 | 238 |
| Sep-19 | 215 | 64 | 38 | 0 | 317 |
| Oct-19 | 287 | 78 | 42 | 0 | 407 |
| Nov-19 | 303 | 125 | 44 | 0 | 472 |
| Dec-19 | 249 | 89 | 23 | 0 | 361 |
| Jan-20 | 204 | 97 | 23 | 0 | 324 |
| Feb-20 | 261 | 101 | 27 | 0 | 389 |
| Mar-20 | 170 | 75 | 12 | 0 | 257 |
| Total | 7,061 | 1,598 | 868 | 0 | 9,527 |
The Windrush Scheme – overseas applications
Since the launch of the Windrush Scheme, the Taskforce has also received applications from overseas, albeit in smaller volumes than from people in the UK. We continue to work through these applications, and the following table details the types of documentation granted to date:
Table 8: Overseas applications
| Period | Granted Right of Abode | Granted Returning Residents Visa | Granted Visit Visa | Granted | ||
|---|---|---|---|---|---|---|
| LOTR | Application Withdrawn | Total | ||||
| May 2018 to March 2020 | 36 | 139 | 44 | 1 | 43 | 263 |
*‘British person overseas’ includes: British National (Overseas), British Overseas Citizen, British Overseas Territories Citizen, British Protected Person, British Subject.
Table 9: Overseas grants by nationality
The breakdown of nationalities granted overseas is as follows:
| Nationality | May 2018 – Mar 2020 |
|---|---|
| Bahamas | 1 |
| Bangladesh | 3 |
| Barbados | 8 |
| Canada | 6 |
| Cyprus | 1 |
| Dominica | 1 |
| Germany | 1 |
| Ghana | 5 |
| Grenada | 2 |
| Guyana | 4 |
| India | 5 |
| Jamaica | 95 |
| Kenya | 2 |
| Malta | 1 |
| New Zealand | 3 |
| Nigeria | 39 |
| Pakistan | 2 |
| Sierra Leone | 2 |
| South Africa | 3 |
| St Lucia | 16 |
| St Vincent | 1 |
| Trinidad and Tobago | 11 |
| United States | 6 |
| Zimbabwe | 2 |
| Total | 220 |
Refusals under the Windrush Scheme
Table 10: Refusals under the Windrush scheme
| Applied in the UK | Applied Overseas | Total | |
|---|---|---|---|
| Refusals to 31 March 2020 | 2,413 | 11,332 | 13,745 |
The Committee will note there has continued to be a significant increase in refusals from overseas applicants. Given the Windrush Scheme enables an individual to apply for settlement in the United Kingdom from overseas without a fee, unfortunately, it has attracted a series of without merit or ineligible claims. Nevertheless, none of the refusal decisions have been made lightly, and all have had lengthy and detailed consideration. The decision to refuse in these cases has been checked and challenged extensively, and refusals continue to be signed-off at Senior Civil Service level.
There has been interest in the reasons for refusals of cases, particularly those refusals for individuals who applied from within the UK and were subsequently refused Citizenship on good character or criminality grounds. Clearly, we cannot disclose reasons for individual refusals, but Table 11 provides a breakdown of the types of refusals, and to the end of March, 288 individuals have been refused Citizenship on good character or criminality grounds
Table 11: Refusal breakdown of those who applied in the UK to 31 March 2020
| Refuse ILR/NTL | 1699 |
|---|---|
| Refuse Citizenship (criminality/good character) | 288 |
| Refuse Citizenship (other) | 426 |
| Grand Total | 2413 |
Table 12: Reviews of refusals under Windrush up to 31 March 2020
| Period | Requests for review of refusal | Review in progress | Decision upheld | Decision overturned |
|---|---|---|---|---|
| To end March 2020 | 828 | 62 | 760 | 6 |
Applications under consideration
The number of outstanding cases with the Windrush Taskforce at the end of March, is 3,720. Of these, 3,525 were individuals that are currently in the UK and the remaining 195 are overseas.
Of the 3,525 individuals within the UK, 2,414 have received initial casework consideration and 1,111 are still to be considered. The majority of these cases are awaiting the submission of biometrics by the applicant, which is an essential part of the process.
Of the 2,414 cases considered, 1,683 cases have been found to be ineligible or to not qualify for the Windrush Scheme. The remaining 731 cases remain unresolved due to their complexity. Of these 731 cases, 545 have been submitted in the last six months, 151 are between six months and one year old, and the remaining 35 are over a year old. Of the cases that are now over 12 months old, none of the individuals are awaiting confirmation of their immigration status, where they have been assessed as qualifying under the Scheme.
The Taskforce continues to engage with individuals to support the provision of information or evidence, to ensure that all avenues of enquiry are exhausted. Where an individual does not qualify under the Windrush Scheme, the Taskforce will signpost them towards other routes to regularise their stay in the United Kingdom.
Support to vulnerable individuals and those experiencing hardship
The Taskforce has a dedicated Vulnerable Persons Team (VPT) to provide help and advice where safeguarding and vulnerability issues are identified. Whilst all members of the Taskforce are equipped to identify, handle and offer support to vulnerable customers, the VPT was established to ensure that those in most urgent need could obtain support and advice via a single point of contact within the Taskforce. The VPT has had notable success in resolving individual issues and building trust. This has been reflected in the feedback provided to the team by those who have received assistance.
To the end of March, the VPT has provided support to 1,438 individuals with 105 cases ongoing. They continue to receive approximately 15 new referrals each week.
The VPT have made 364 referrals to DWP in relation to fresh claims and reinstatement of benefits, with 265 individuals given advice and support on issues relating to housing.
Urgent and exceptional support
The policy for support in urgent and exceptional circumstances, setting out the approach and decision-making process for these cases was published on 17 December 2018. The scheme has a very clear purpose to provide support to members of the Windrush cohort who have an urgent and exceptional need, and compelling reasons why this could not wait for the full compensation scheme. For now, the urgent and exceptional support policy remains in place and we continue to consider applications for assistance under that policy.
The following table details the status of claims under the policy, as at 31 March:
| Period | Requests for support | Under consideration | Approved | Declined | Withdrawn |
|---|---|---|---|---|---|
| To end March 2020 | 142 | 7 | 35 | 89 | 11 |
The total value of the payments approved is £ £46,795.08.
As sent out above, the majority of requests for urgent and exceptional support received have been concluded. Some cases will remain under consideration where the Taskforce is awaiting further information from claimants. The Taskforce is working closely with individuals who have submitted requests in order to assess their current circumstances and gather the necessary evidence to support the urgency of their claim.
All of these cases have had full and detailed consideration. Any decision made in these cases has been checked and challenged extensively at operational level and been approved at senior official level.
To provide further detail, for the 35 Urgent and Exceptional Payments made up to the end of March 2020, 23% (eight) of requests contained the necessary evidence and were concluded within ten working days of receipt. As set out in the Windrush Scheme: Support in urgent and exceptional circumstances policy statement, a reasonable degree of evidence is required to support requests for an urgent exceptional payment.
On receipt of a request, the Vulnerable Persons Team undertake an initial assessment and will contact the individual within 48 hours to advise of any need for additional supporting evidence or information. The Taskforce aim to notify the claimant of the outcome within ten working days of the claim being lodged, where the necessary information or evidence has been provided. The Taskforce works closely with individuals who have submitted requests in order to assess their circumstances and gather the necessary evidence to support the urgency of their claim.
Of the 35 successful requests under the urgent and exceptional payment scheme to the end of March 2020, in all cases a payment was made to the claimants nominated bank account or other arrangements were made within 14 days of the offer being formally accepted.
In the same period, 63% of requests received for Urgent and Exceptional Payments were declined. Each case was carefully considered following direct engagement with the individual. Any decision to decline an exceptional payment was not taken lightly; decisions were checked and challenged extensively at operational level and were approved at senior official level. Reasons for declining support include; where the individual did not demonstrate that the issues faced were due to an inability to confirm immigration status or was not part of the Windrush cohort; where the Taskforce was not satisfied that the circumstances were neither urgent or exceptional and as such, it was determined that the individual could seek compensation under the Windrush Compensation Scheme. Even if an Urgent and Exceptional Payment is not available within the policy, the Taskforce will ensure that any other available advice and support is provided and will sign-post individuals to other services where appropriate.
Officials within the Windrush Taskforce have looked into the individual cases of all of those named by the Committee in its hardship fund report, and by you in the House. The Taskforce Vulnerable Persons Team or the Windrush Compensation Scheme have been in contact with all the individuals, their representatives, or their family members, to ensure that they receive the right level of support and will continue to do so.
None of the individuals named have an outstanding request under the urgent and exceptional payment scheme.
Historical cases review
Removals and Detentions
In August 2018, my predecessor wrote to the Committee with the provisional results of the historical review of 11,800 individuals of Caribbean Commonwealth nationality, born before 1 January 1973, who have been removed and / or detained by the Home Office since 2002. The review sought to identify individuals where there was an indication in their record that they could have been in the UK before 1973.
This review identified 164 individuals whose details were passed to the Taskforce so that they could contact them. We have now traced 142 of these individuals. These individuals either already have status, are now in contact with the Taskforce or, in the case of 24 individuals, are deceased. The Taskforce is continuing to work proactively with partners in the UK and overseas to obtain contact details for the remaining individuals, and to make contact.
Of the 164 individuals, 83 were removed. As with previous updates to the Committee, I would also like to provide an update on the contact we have made with 56 of these individuals:
- These 56 individuals are a subset of the overall total of 142 individuals with whom we have contact.
- 13 individuals within the 83 are unfortunately deceased.
- There are a further 14 individuals with whom we have so far been unable to make contact, despite attempting to do so in a number of different ways. For example, where the Home Office does not hold any current contact details, we have contacted the Department for Work and Pensions and HMRC to see if their records confirm a current footprint in the UK or whether a pension from overseas is being received. We have also worked with the relevant British High Commissions to try and make contact with those who may be living overseas.
Of the 56 individuals with whom we have made contact, their current status is as follows.
Status of individuals removed from the UK, with whom the Home Office has made contact
| Indefinite Leave to Remain/other LTR granted by Taskforce | 14 |
|---|---|
| 10-year visit visa granted by Taskforce | 3 |
| Right of Abode / Citizenship granted by Taskforce | 11 |
| Will submit an application under Windrush | 9 |
| Awaiting decision | 11 |
| Confirmed not making an application | 8 |
| Total | 56 |
In June last year my predecessor wrote to the Committee with the results of the historical review of 1,977 individuals of Caribbean Commonwealth nationality, born before 1 January 1973, whose data had been proactively shared with other government departments by the Home Office with the intention of instigating action taken by a partner or third party to deny or revoke a service to an individual, or to penalise a third party for employing or housing them. Again, the review sought to identify those individuals where there was an indication in their record that they could have been in the UK before 1973, and who had action taken against them.
This review identified 55 individuals whose details were passed to the Taskforce so that they could contact them. We have now traced 52 of these individuals. These individuals either already have status, are now in contact with the Taskforce or, in the case of 2 individuals, are deceased. The Taskforce is continuing to work proactively with partners in the UK and overseas to obtain contact details for the remaining 3 individuals, and to make contact. The current status of the 55 is below:
| Current status of the 55 cohort | |
|---|---|
| Limited leave to remain non-Taskforce | 2 |
| Existing non-Windrush status | 7 |
| Pending consideration | 1 |
| Granted naturalisation by Taskforce | 32 |
| Granted NTL/LTR by Taskforce | 5 |
| Granted ILR by Taskforce | 3 |
| Deceased | 2 |
| No status no contact | 3 |
| Total | 55 |
Criminality
In June last year, my predecessor wrote to the Committee with the results of the review of an additional 322 individuals of Caribbean Commonwealth nationality, born before 1 January 1973, who had been removed and/or detained by the Home Office since 2002. From these we identified 10 people where there was an indication in their record that they could have been in the UK before 1973, who had been held in some form of detention.
| Current status of the 10 cohort | |
|---|---|
| Granted naturalisation by Taskforce | 2 |
| Granted NTL/ILR by Taskforce | 1 |
| Existing non-Windrush status | 1 |
| No status no contact | 4 |
| In contact no status | 2 |
| Total | 10 |
The Windrush Compensation Scheme
As you know the I announced on 6 February that the Windrush Compensation Scheme has been extended by a further two years to April 2023 to allow more time to make a claim for compensation.
To make the scheme more flexible to those who have suffered losses, the mitigation policy – the criteria by which financial settlements are made – has also been amended to take a wider range of circumstances into account. The change, which came into effect on 5 March, means people will no longer only be expected to show they took immediate steps to resolve their immigration status.
This change may help some people qualify for a higher award, particularly where it relates to loss of employment.
Detailed compensation statistics were published on 27 February 2020 (https://www.gov.uk/government/publications/windrush-compensation-scheme-data-february-2020 ) Compensation payments continue to be paid by the Home Office.
As you will have noted from my Oral Statement to the House of Commons on 19 March, we now need to take time to reflect on the findings of Wendy Williams’ Review and as I made clear in my statement, the Department is doing exactly that.
I will return to the House after the Summer Recess with an update on this work including on the recommendations made in the report.
Yours sincerely,
Rt Hon Priti Patel MP