By Aaron Durban-Richardson – Legal Associate
The Windrush scheme was enacted towards the backdrop of the Windrush scandal and subsequently, to perceive why the present scheme exists, who it goals to assist and what points it seeks to resolve, an understanding of the authorized and historic background is likely to be useful.
A detailed take a look at the historical past behind the Windrush scandal is basically past the scope of this text and, in any occasion, has been explored intimately in earlier weblog posts and the Home Office’s Windrush Guidance. Instead, our focus shall be on the scheme’s authorized and coverage framework, particularly in relation to people in want of documentation to show their standing within the UK.
Legal Background to Windrush
The first vital statute to talk about is the Commonwealth Immigrants Act (1962) which ended the concept that the previous British Empire was a single territory and thus, that every one British topics had been ready to enter the UK correct. However, Section 2(2)(b) of that act supplied that youngsters (underneath 16) of a commonwealth citizen who was resident within the UK had been not topic to immigration controls.
