Guidance

Windrush passport applications and customer questions

Updated 9 August 2024

Version 14.0

Guidance for HM Passport Office operational staff on how to examine passport applications and respond to customers affected by the Windrush scheme. It also covers questions from the media, Members of Parliament and United Kingdom Visas and Immigration (UKVI).

About: Windrush passport applications and customer questions

The Windrush Scheme applies to Commonwealth citizens who:

• settled in the UK before 1 January 1973 and have lived continuously in the United Kingdom (UK) since their arrival
• settled in the UK before 1 January 1973 and whose settled status has lapsed (left the UK for more than two years since 1 January 1973)
• have the right of abode (ROA) in the UK and were ordinarily resident on 1 January 1973

The Windrush Scheme also applies to:

• a child of a Commonwealth citizen (including one who has ROA) and who was settled in the UK before 1 January 1973, where the child was born in the UK or arrived in the UK before the age of 18 and has lived continuously in the UK since they arrived
• any passport application (from the UK or overseas) where the customer’s claim to British nationality depends on them providing documents showing their parent was a Commonwealth citizen who can apply to the Windrush Scheme
• a person (of any nationality) who arrived in the UK (before 31 December 1988) who has indefinite leave to remain. (These customers will not have a claim to British nationality (or British passport) under the scheme but may be issued a no time limit document or a right of abode document)

This guidance tells HM Passport Office operational staff how to deal with passport applications and questions from customers impacted in the Windrush Scheme.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Guidance team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance team.

Publication

Below is information on when this version of the guidance was published:

• version 14.0
• published for Home Office staff on 24 July 2024

Changes from last version of this guidance

This guidance has been updated to clarify how examiners must send the Windrush letter.

Windrush passport applications

This section tells HM Passport Office staff how to examine passport applications received from customers impacted by the Windrush Scheme.

You, the examiner, must follow this, and existing guidance when dealing with a Windrush passport application to help you confirm a customer’s identity, nationality and entitlement. The customer must pay for their passport application unless they are allowed a gratis (free) application (see Passport fees guidance).

You must not automatically refuse or withdraw an application if it’s linked to a Windrush applicant or relative and the customer either:

• cannot provide the correct documents
• has no claim to British nationality from the documents provided

Windrush status letters: UK and overseas applications

If you receive a Windrush status letter as evidence to support a UK or overseas application, you must accept the letter as proof of nationality only, along with any supporting evidence the customer can provide. You must still request documents to confirm identity, in line with guidance.

You must accept the status letter on balance of probability, if the customer is unable to provide any further supporting documents to confirm their nationality. This is because the Windrush team have already carried out extensive checks on the application. You must not offer the holder of the letter the option of DNA evidence for overseas cases as this will not be necessary.

For applications from first time adults born in the UK whose qualifying parent has a Windrush status letter, the status letter may have been issued after the birth of the applicant. You must check the letter and UKVI systems to confirm the status for the parent was granted (or backdated to) before the applicant was born. Status letters issued by the Windrush task force are not held on the Application Management System (AMS) Home Office status letter file.

You must follow the guidance where the customer has changed their name from the name shown on the status letter.

If you have any fraud concerns, or believe the letter has been issued in error, you must refer the application to an operational team leader (OTL). The OTL will liaise with the Quality and Examination Support team (QuESt) and set up a case conference with UKVI (UK Visas & Immigration) before making any decisions on the application.

Windrush: checking UKVI systems

You must check the UK Visas & Immigration (UKVI) systems (or Person Centric View (PCV) to check a photo) to confirm the personal and nationality details on the status letter match the information on the UKVI systems.

You must complete this UKVI check yourself if you have access or refer to the person who completes UKVI system checks in your office and review the case notes. You must case note all actions.

Windrush: requesting a photo is added to UKVI systems

A Windrush customer will not have a photo on the UKVI system but there should be an image on PCV so you must check PCV in these cases.

If there is no image on PCV you, the examiner, must email the Windrush team with:

• the subject field ‘Windrush biometric photo requests for HM Passport Office identification purposes’
• customer name
• customer date of birth
• UKVI reference number
• customer address

You will receive an email response (usually within 48 hours) when the photo is uploaded. If your request is urgent, add ‘Urgent’ to the subject field with an indication of why and when in the email.

If you have not received a response within 72 hours, you must email the Windrush team and ask for an update.

Where a photo is not available on PCV after you have requested it to be added by the Windrush team, you must send the customer for an interview and write a case note or follow Old Blue (hardback style) passports guidance if they hold an Old Blue passport.

Examination of Windrush cases

When you, the examiner, deal with a Windrush application, you must check the documents we need to process their passport application. You must request these documents if the customer has not supplied them.

The customer may provide a Windrush status letter as proof of their nationality.

If the customer supplies the documents, you must:

• check UKVI systems to confirm the personal and nationality details on the status letter match (if the status letter has been provided)
• check if a Windrush customer living in the UK or a group 3 country will need to attend an interview or if it will be waived (see Interviews: overview of the interview process)
• continue to process the application (in line with current guidance)

If the customer cannot supply the documents, you must not automatically refuse or withdraw their passport application. Instead, you must:

1. Ask for alternative documents (in line with the Supporting documents not available guidance).

2. Note what information is available on UKVI systems - if ILR or NTL was granted by Windrush, the customer may be able to apply for Naturalisation or Registration

3. Refer the case to your operational team leader (OTL) and ask them to make a decision using a balance of probability.

When you, the OTL, receive the application, you must:

• carefully consider all the documents, information and evidence received (including any advice from the Windrush team)
• decide on a balance of probability if you are satisfied with the customer’s identity, nationality and entitlement
• ask the Quality and Examination Support team (QuESt) if you need any advice (QuESt will only provide advice and not make any decisions on the application)

If, on a balance of probability, you, the OTL, are satisfied with the customer’s identity, nationality and entitlement, you must:

1. Add a case note to:

• show the decision you made, with reasons
• ask the examiner to continue to process the passport application

2. Refer the application back to the examiner and ask them to continue to process the application.

If, on a balance of probability, you, the OTL, are not satisfied with the customer’s identity, nationality and entitlement, you must not refuse or withdraw the application without first asking for advice from QuESt. You must:

1. Send a guidance referral to QuESt to:

• explain why you are not satisfied with the customer’s identity, nationality and entitlement
• ask them what action to take on the application

2. Wait for QuESt to respond.

QuESt will review the referral, contact Passport policy for advice and tell you what action to take.

When you (the OTL) get a response from QuESt, you must follow their advice. If it is agreed there is insufficient evidence, you must contact the customer to tell them:

• they do not have a claim to British nationality, but they could apply to UKVI under the Windrush scheme for:
  • naturalisation or registration
  • a No Time Limit (NTL) document
• they may not be successful if they do not meet UKVI requirements
• we will keep their passport application open pending UKVI’s decision if they decide to apply for naturalisation or registration
• you will be sending a letter explaining how they can contact UKVI

You must ask the customer if they plan to apply to UKVI for naturalisation or registration. If the customer tells you:

• they will apply to UKVI for naturalisation or registration, follow Windrush: customer wants to apply for naturalisation or registration
• they do not wish to apply to UKVI for naturalisation or registration, follow Windrush: customer does not or cannot register or naturalise

Windrush: customer wants to apply for naturalisation or registration

The customer must tell HM Passport Office they are going to apply to UKVI for naturalisation or registration.

You, the OTL, must:

1. Copy all the documents to keep with the live application (if you are processing on AMS (Application Management System)) so we do not have to request them again if we need them for examination. If you are processing on DAP (Digital Application Processing) all documents will already be recorded and scanned on ARD (Application Receive Domain).

2. Case note the application ‘Windrush – referred to UKVI for possible naturalisation or registration’.

3. Complete the Windrush referral template and email it to the Windrush team

4. Send the customer:

• their original documents; and,
• the Windrush letter amended as needed for the customer’s circumstances (send this from your team email box if processing on DAP, send a physical copy and include a pre-paid return envelope if you are processing on AMS)

5. Store the application for 4 weeks (use on hold if you are processing on DAP).

6. Check UKVI systems for any progress, after the 4 weeks.

7. Contact the customer to ask if they have applied or intend to apply to UKVI for naturalisation or registration, if there has been no contact from them and there is no record of an application on UKVI systems:

• you must ask if they want to keep their passport application open if the customer tells you they have applied, or intend to apply for naturalisation or registration (see customer tells you they will apply to register)
• you must follow customer decides not to naturalise or register if the customer does not intend to apply

If you cannot contact the customer and they have not been in contact with HM Passport Office, you must follow the withdrawing passport applications guidance.  You must manually follow this guidance and apply the timeframes for keeping the application open if you are processing on DAP, because you are using the on hold process.

You must keep the application live on the system until they have naturalised or registered if the customer keeps us informed of progress.

Windrush: when the customer has naturalised or registered

The customer can either send their certificate to us, or you, the examiner, can check the UKVI system to see if they have naturalised or registered.

If you check the UKVI system, you must see if the ceremony exemption tick box is ticked, as Windrush customers can choose not to have a citizenship ceremony. Where they have chosen not to this, the box will be ticked. For these customers, the date of naturalisation or registration is the date outcome was granted on the UKVI system and you do not need to wait for the certificate or for UKVI’s systems to say ceremony attended.

You must see the certificate or wait until UKVI system is updated to say ceremony attended where the ceremony exemption box is not ticked.

You must follow current examination guidance to issue the passport.

Windrush: customer does not or cannot naturalise or register

Customers must either tell HM Passport Office if they do not or cannot naturalise or register or you can find this information on UKVI system.

HM Passport Office cannot keep the customer’s passport application open indefinitely. If a customer does not or cannot naturalise or register:

• they must tell us
• we will check UKVI systems to see if:
  • they have applied for British nationality
  • their application was successful

You, the examiner, must:

1. Check UKVI systems for any extra advice provided by them (for example, they will advise if the customer would qualify for ‘No Time Limit’ (NTL) immigration conditions).

2. Return their supporting documents.

3. Send the Windrush letter to the customer, amended as required.

4. Add a case note to show the actions and decisions you made.

5. Fail the customer’s passport application.

If the Windrush team advise the customer cannot apply for an NTL document you must follow the Refusing passport applications guidance.

Windrush guidance advice

You, the examiner or OTL, must contact QuESt for advice only, if you have any of the following:

• a query about UKVI’s response
• if the information on UKVI systems is unclear
• you need advice when making a decision using a balance of probability

Questions about Windrush

This section tells HM Passport Office staff how to deal with Windrush customer questions by phone, email or in person, at an office, as well as questions from the media, Members of Parliament and United Kingdom Visas and Immigration (UKVI).

If a customer needs general advice and does not have a live application, you must tell them to contact the Customer Services Management team (CSMT) and give them the following contact details:

• email: Customer Service Management team
• phone: 0300 222 0000 (Passport Advice line)

Counter staff must advise the customer to go to GOV.UK for more information on the Windrush scheme and how to contact the United Kingdom Visas and Immigration (UKVI) Windrush team. If the customer wants to apply for a passport, you must give them the HM Passport Office contact details.

CSMT: dealing with Windrush customer questions

If a Windrush customer contacts us to ask for advice about getting a British passport, CSMT staff must:

• review the information provided by the customer
• ask for British nationality advice from the CSMT, CRST Windrush Champions case log
• ask for guidance advice from the Quality, Examination Support team (QuESt)

If you, the CSMT member of staff, believe the customer has no claim to British nationality, you must refer them to the Windrush guidance page on GOV.UK:

• Windrush Scheme: get a document showing your right to be in the UK

If you believe the customer does have a claim to British nationality, you must send the customer the CSMT Windrush letter including the pre-paid envelope.

CSMT staff must direct customers to UKVI for questions about compensation schemes and any general Windrush questions that do not relate to passport applications.

Website: Windrush Scheme: get a document showing your right to be in the UK

Email: commonwealthtaskforce@homeoffice.gov.uk

Phone: 0800 678 1925

Media questions

HM Passport Office staff must refer any media questions or requests for information to the Press Office on 020 7035 3535 or email the reputation team with the details.

Member of Parliament queries

For case history, Parliamentary team will refer Member of Parliament cases to the office where we hold the application and send a guidance query to QuESt for any policy or guidance advice.

UKVI Windrush team queries

The UKVI team will contact CSMT to provide customer information held on AMS (Application Management System), Digital Application Processing (DAP), or on HM Passport Office historic records. If there is a live application, CSMT must contact the regional office before responding to UKVI and:

• get up to date information
• make the regional office aware of the query
• agree a way forward with UKVI and the regional office