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Windrush Scheme: Proof of Status and Compensation Claims

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The Windrush Scheme gives free proof of your right to live and work in the UK if you are settled here but have no evidence of it. A separate scheme, the Windrush Compensation Scheme, pays for losses you suffered because you could not show that right. It has no closing date.

Key points
  • ✓The Windrush Compensation Scheme has been open since 3 April 2019 and there is no closing date.
  • ✓The information you share in a compensation claim will not be used for immigration enforcement.
  • ✓Impact on life awards run from £10,000 to £100,000, and more than that is possible in compelling or severe cases.
  • ✓Close family members can claim for their own losses, and someone can claim on behalf of the estate of a person who has died.
  • ✓If you are unhappy with the decision, you can ask for a review, then for an independent adjudicator to look at it.

Who can apply to the Windrush Scheme?

You may be able to apply for proof if one of these is true:

  • you came to the UK from a Commonwealth country before 1973
  • your parents came to the UK from a Commonwealth country before 1973
  • you came to the UK from any country before 31 December 1988 and are now settled here

It is free to apply. The proof depends on your circumstances, and could be a letter or access to an eVisa. You might also be entitled to apply for citizenship for free if you are a Commonwealth citizen who settled in the UK before 1 January 1973, or the child of someone who did. Our guide to eVisas explains how that digital record works.

What can you get through the Windrush Scheme?

If you are a Commonwealth citizen who was settled in the UK before 1 January 1973, what you are entitled to depends on whether you have stayed in the UK.

Your situationWhat you may be able to apply for
You have lived in the UK continuously, or have the right of abodeBritish citizenship, a certificate of entitlement to the right of abode, or proof that you have indefinite leave to remain
You left for more than 2 years, came back and are now lawfully hereIndefinite leave to remain, or if you already have it, proof of it or British citizenship
You left the UK and have lost your indefinite leave to remainA Returning Resident visa or a 10 year multiple entry visa

The Windrush helpline can help you work out if you are eligible.

Who can claim Windrush compensation?

You can claim for yourself if you meet the same arrival tests, including if your parents or grandparents came from a Commonwealth country before 1973, and you suffered losses because you could not prove your right to stay.

Type of claimWho it is forWhat you must show
Primary claimantYou, for your own lossesYou suffered losses because you could not prove your right to stay in the UK
Close family memberA partner, parent, child, brother or sisterYou had a loss because they could not prove their right to live in the UK; they do not need to have claimed, but must be or have been eligible
Representative of an estateSomeone acting for a person who has diedThe person would have been eligible as a primary claimant and suffered losses

There are separate forms and guidance for each kind of claim. If you do not currently have the legal right to deal with someone's estate, you can get support, including financial help with legal costs up to £1,500.

What losses can you claim for?

You might be able to get compensation for losses relating to:

  • employment
  • immigration fees
  • housing
  • health
  • education
  • driving licences
  • banking
  • daily life, for example missing major family events or being unable to travel
  • detention and removal
  • living costs, for example rent, utilities, contributions towards food and household essentials, travel and prescription fees

How much is Windrush compensation?

It depends on what you lost. For impact on life, meaning non-financial harm such as distress, family separation or a decline in your health, the scheme rules set five levels. The Home Office decides the level from the number, severity and duration of the impacts and the evidence.

LevelWhat the rules describeAward
Level 1Inconvenience, annoyance, frustration and worry, where the effect was fairly short-lived, lasting up to a few weeks£10,000
Level 2Moderately severe impact on some aspects of life over weeks or months; there may have been family separation£20,000
Level 3Your ability to live a relatively normal life was substantially affected for several months£40,000
Level 4Your ability to live a relatively normal life was seriously compromised for months or years£70,000
Level 5Profound impacts on your life which are likely to be irreversible£100,000, or more if circumstances are so compelling or severe

A preliminary award at Level 1 may be made after an initial assessment.

How do you claim, and what help can you get?

Apply by email or by post, using the form for your type of claim. The form and guidance tell you where to send it. The Windrush help team can post you a form, help you work out if you are eligible, and give extra support to people who need it, such as elderly or vulnerable claimants.

Windrush help team: 0800 678 1925, Monday to Friday, 9am to 5pm. We Are Group can help you fill in the form, on 0808 196 8496, Monday to Friday, 9am to 5pm.

The help team can also tell you about local advocates, who can help you explain your story and collect evidence. If you are successful, you get a letter offering compensation and must write back to accept. Our guide to immigration advice explains how to find regulated help.

What if you are unhappy with the offer?

You can ask for a review of the compensation decision. If you are not satisfied with the result, you can ask for an independent adjudicator to look at it. If you hold indefinite leave to remain, our guide to indefinite leave to remain covers your rights and what can end it, and our immigration guides cover the rest.

Where to go next

Immigration
Indefinite Leave to Remain
What settlement gives you, what it costs and what can end it.
eVisa
How the digital record of your immigration status works.
Prove Your Immigration Status
How to get a share code and show your status to others.
Immigration Advice
How to find a regulated adviser and avoid unqualified ones.

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Know Your Rights UK. "Windrush Scheme: Proof of Status and Compensation Claims." Know Your Rights UK, https://www.knowyourrightsuk.com/immigration/windrush-scheme