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Windrush: 'I can't believe I had to prove I'm British' | Windrush: 'I can't believe I had to prove I'm British' |
(about 13 hours later) | |
Christina, 27, had to battle for years to prove her citizenship | Christina, 27, had to battle for years to prove her citizenship |
Christina never expected to have to prove she was British. | Christina never expected to have to prove she was British. |
Lost documents meant her father Caleb, a Rhodesia-born scientist who moved to the UK in 1970, had to go through a long battle before he was granted permission to stay. | Lost documents meant her father Caleb, a Rhodesia-born scientist who moved to the UK in 1970, had to go through a long battle before he was granted permission to stay. |
With that in place, the 27-year-old, who was born in what was by then Zimbabwe and moved to Manchester as a child, never expected to have any issues of her own. | With that in place, the 27-year-old, who was born in what was by then Zimbabwe and moved to Manchester as a child, never expected to have any issues of her own. |
But everything changed when suddenly, a year into her time at university, she was told there was an "immigration issue" with her funding. | But everything changed when suddenly, a year into her time at university, she was told there was an "immigration issue" with her funding. |
It was the start of years of humiliating legal wrangles. | It was the start of years of humiliating legal wrangles. |
Christina grew up in Manchester and attended a local school and college | Christina grew up in Manchester and attended a local school and college |
Caleb, like hundreds of thousands of Commonwealth citizens who arrived in the UK between 1948 and 1973, was a member of the Windrush generation. | Caleb, like hundreds of thousands of Commonwealth citizens who arrived in the UK between 1948 and 1973, was a member of the Windrush generation. |
The 1971 Immigration Act gave Caleb the right to stay in the UK, but his immigration records - along with thousands of others - were lost in what would later become known as the Windrush scandal. | The 1971 Immigration Act gave Caleb the right to stay in the UK, but his immigration records - along with thousands of others - were lost in what would later become known as the Windrush scandal. |
"The Home Office had evidence that he was a British citizen, he had a case number, but they said 'because we've destroyed your file, your citizenship has been revoked'," Christina said. | "The Home Office had evidence that he was a British citizen, he had a case number, but they said 'because we've destroyed your file, your citizenship has been revoked'," Christina said. |
After a lengthy and traumatic legal fight, during which Caleb could not work, her father was finally granted his right to remain. | After a lengthy and traumatic legal fight, during which Caleb could not work, her father was finally granted his right to remain. |
But for Christina, who now lives in Salford, her problems had just begun. | But for Christina, who now lives in Salford, her problems had just begun. |
She said: "I went to school and college in Manchester and I applied for university with hope. I was on a pathway to doing something quite similar to my dad as we both love health and science." | She said: "I went to school and college in Manchester and I applied for university with hope. I was on a pathway to doing something quite similar to my dad as we both love health and science." |
Christina's father, far left, worked in the UK in the 1970s as a scientist | Christina's father, far left, worked in the UK in the 1970s as a scientist |
Christina secured a place at the University of Central Lancashire but after a year of studying she was informed there was an "immigration issue" and that, as she was not a British citizen, the government funding had not been made available for her course. | Christina secured a place at the University of Central Lancashire but after a year of studying she was informed there was an "immigration issue" and that, as she was not a British citizen, the government funding had not been made available for her course. |
She said: "The university called me in, they told me 'Christina, the government has not funded you for the course, you'll have to defer'. | She said: "The university called me in, they told me 'Christina, the government has not funded you for the course, you'll have to defer'. |
"I just remember telling my dad. I could feel his disappointment. He felt like he had failed me even though it was not his fault." | "I just remember telling my dad. I could feel his disappointment. He felt like he had failed me even though it was not his fault." |
It was five years before her immigration status was eventually confirmed during which she lived with the threat of deportation - something she said had led to lasting mental health problems. | It was five years before her immigration status was eventually confirmed during which she lived with the threat of deportation - something she said had led to lasting mental health problems. |
Christina's father fought the Home Office without the assistance of a lawyer and spent many nights studying immigration law | Christina's father fought the Home Office without the assistance of a lawyer and spent many nights studying immigration law |
"I have PTSD, I find it difficult to ask for help, I have anxiety and difficulties sleeping," she said. | "I have PTSD, I find it difficult to ask for help, I have anxiety and difficulties sleeping," she said. |
Her older sister, Claire, was also impacted and said she "lost her prime years" as a result and could not study or work for more than 10 years. | Her older sister, Claire, was also impacted and said she "lost her prime years" as a result and could not study or work for more than 10 years. |
"Words cannot describe how traumatic this is for me," she said. | "Words cannot describe how traumatic this is for me," she said. |
"I constantly have to reassure myself and struggle with trusting people." | "I constantly have to reassure myself and struggle with trusting people." |
Christina and Claire's experience was one Shane Smith understands. | Christina and Claire's experience was one Shane Smith understands. |
Born in Trinidad and Tobago to a British mother, the 45-year-old moved to Liverpool when he was just three months old and always believed he was British. | Born in Trinidad and Tobago to a British mother, the 45-year-old moved to Liverpool when he was just three months old and always believed he was British. |
But in 2014, he applied for a passport to go on a family holiday and received a very unexpected response. | But in 2014, he applied for a passport to go on a family holiday and received a very unexpected response. |
Shane Smith, 45, has lived in Liverpool since he was three months old | Shane Smith, 45, has lived in Liverpool since he was three months old |
"They sent me a letter back saying I couldn't have one because I wasn't a British citizen, which I found shocking because I've lived here all my life," he said. | "They sent me a letter back saying I couldn't have one because I wasn't a British citizen, which I found shocking because I've lived here all my life," he said. |
The unsuccessful application triggered a devastating series of events for the bricklayer and welder. | The unsuccessful application triggered a devastating series of events for the bricklayer and welder. |
He said: "Not long after that I was called into the office at work and they said 'you've got an immigration issue'. | He said: "Not long after that I was called into the office at work and they said 'you've got an immigration issue'. |
"I tried to explain but they said they were going to have to terminate my contract there and then, because they're getting threatened with a fine. | "I tried to explain but they said they were going to have to terminate my contract there and then, because they're getting threatened with a fine. |
"I didn't know what to do. I went to five different solicitors but none of them had a clue what was going on." | "I didn't know what to do. I went to five different solicitors but none of them had a clue what was going on." |
Due to his changed immigration status Mr Smith was also unable to claim many benefits. | Due to his changed immigration status Mr Smith was also unable to claim many benefits. |
"The only thing I could claim was job seekers allowance, which was £55 a week at the time. I ended up homeless," he said. | "The only thing I could claim was job seekers allowance, which was £55 a week at the time. I ended up homeless," he said. |
"It was lonely. There were many times I wanted to give up." | "It was lonely. There were many times I wanted to give up." |
Mr Smith had to provide evidence of his schooling, employment, housing and medical history as he fought to stay in Liverpool. | Mr Smith had to provide evidence of his schooling, employment, housing and medical history as he fought to stay in Liverpool. |
Shane Smith had to provide records of his education and employment | Shane Smith had to provide records of his education and employment |
"It got sorted in 2019 but I still live in fear. I mean how do I know that they won't change their mind?," he said. | "It got sorted in 2019 but I still live in fear. I mean how do I know that they won't change their mind?," he said. |
Immigration rules before 1983 meant Mr Smith's nationality was tied to his place of birth and the nationality of his father, who was Trinidadian. | Immigration rules before 1983 meant Mr Smith's nationality was tied to his place of birth and the nationality of his father, who was Trinidadian. |
The legal grey area around his status at birth meant Mr Smith was vulnerable to the Home Office's "hostile environment" immigration policies introduced in 2012. | The legal grey area around his status at birth meant Mr Smith was vulnerable to the Home Office's "hostile environment" immigration policies introduced in 2012. |
Both Christina and Shane are pursuing compensation following their ordeals. | Both Christina and Shane are pursuing compensation following their ordeals. |
The latest Home Office data shows that since 2019 the Windrush compensation scheme has paid out more than £100m from about 3,000 claims. | The latest Home Office data shows that since 2019 the Windrush compensation scheme has paid out more than £100m from about 3,000 claims. |
But the scheme continues to be heavily criticised for processing delays, low offers and unfair rejections. | But the scheme continues to be heavily criticised for processing delays, low offers and unfair rejections. |
Christina's father, for example, was offered just £400. | Christina's father, for example, was offered just £400. |
'Not fit for purpose' | 'Not fit for purpose' |
Senior lawyer Clare Fletcher, who has represented Mr Smith through a free law clinic at Liverpool John Moores University, said the scheme was "not fit for purpose". | |
"These forms are really difficult to navigate as a lawyer, so for a lay person I can see how it would be quite terrifying," she added. | "These forms are really difficult to navigate as a lawyer, so for a lay person I can see how it would be quite terrifying," she added. |
Nicola Burgess, an immigration specialist who represented Christina, said: "We've been working to build up a picture to show the Home Office exactly how every aspect of Christina's life has been impacted. | Nicola Burgess, an immigration specialist who represented Christina, said: "We've been working to build up a picture to show the Home Office exactly how every aspect of Christina's life has been impacted. |
"Unfortunately what we see in day-to-day practice is very poor decision making and the Home Office not being prepared to accept an individual's account when there is no supporting evidence." | "Unfortunately what we see in day-to-day practice is very poor decision making and the Home Office not being prepared to accept an individual's account when there is no supporting evidence." |
The Home Office said those affected would "receive the compensation they rightly deserve" and the Home Secretary was ensuring "cultural change is embedded permanently" in the department. | The Home Office said those affected would "receive the compensation they rightly deserve" and the Home Secretary was ensuring "cultural change is embedded permanently" in the department. |
Christina remains defiant and is now focused on the future. | Christina remains defiant and is now focused on the future. |
She said: "I've not stopped wanting to succeed, as much as this is a difficult situation and most people would see themselves as a victim, I choose not to." | She said: "I've not stopped wanting to succeed, as much as this is a difficult situation and most people would see themselves as a victim, I choose not to." |
Listen to the best of BBC Radio Manchester on Sounds and follow BBC Manchester on Facebook, X, and Instagram and watch BBC North West Tonight on BBC iPlayer. | Listen to the best of BBC Radio Manchester on Sounds and follow BBC Manchester on Facebook, X, and Instagram and watch BBC North West Tonight on BBC iPlayer. |
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