If you were born in the UK before the 1st January 1983, you were British by birth. Following that date, Nationality of a child depended on the immigration status of your parents even if you were born in the UK. Many of the Windrush generation did not think it was necessary to regularise their immigration status in the UK or pay the substantial fees to obtain British Citizenship. That left themselves and their children in a very difficult situation as recent publicity shows. They may have retained their original nationality and some might even find themselves stateless. In theory, they may have been committing criminal offences for a number of years.
Quite frankly, the UK has not made it easy for immigrants. The Home Office have been accused on many occasions of being an easy touch and their attitude has gradually hardened over the years as has the strictness of the immigration rules. Fees for dealing with the Home Office have also risen steeply. Some of the letters sent to people caught in these circumstances have been harsh and the actions taken grossly unreasonable.
It is not just former Caribbeans who are caught by this problem. I remember an 18 year old from Southport who applied for a British Passport to go on a school trip. Sadly she had been born in South Africa and brought here by her parents when a few months old. They had never subsequently sorted out her immigration status. The letter she received from the Home Office about her illegal presence in the UK was frightening in the extreme. She made an application to regularise her status and all was eventually well.
We can help you find your way through these legal tangles as they are not always straightforward. Please contact Gordon Irving at GIrving@broudiejacksoncanter.co.uk or ring 0151 227 1429 for further details.