The Home Office have opened a Windrush Compensation Scheme on 3rd April 2019 for individuals that have been affected as a result of their inability to show their eligibility to reside in the UK.
Who can apply?
Almost anyone who arrived in the UK from a Commonwealth country prior to 1st January 1973 can apply. Also, individuals of any nationality who arrived in the UK before 31 December 1988 and have a right of abode or are settled in the UK are eligible to apply. Furthermore, their children/grandchildren are open to apply under the scheme.
Additionally, the compensation scheme includes the estate of the deceased individual and also family members who have experienced a significant detrimental impact on their life.
What will be compensated?
The scheme will allow those that have suffered losses due to not being able to evidence their lawful residence in the UK, to be compensated adequately.
Examples of losses for which the Home Office will compensate affected individuals will include but not limited to: Loss of employment, education, NHS Healthcare, emotional distress and declining mental and physical health.
In addition, the Home Office would also be able to refund fees paid for certain immigration applications which were unsuccessful due to a lack of evidence and reimburse any legal fees incurred in making unsuccessful applications.
How do I claim compensation?
In order to make a claim for compensation, you will need to go onto the Windrush page on gov.uk and compete the Windrush compensation application form.
After you have completed the form, you can send the form and supporting documents either via email to WindrushCompensationScheme@homeoffice.gov.uk or alternatively you can send it via post, which is free, to the address provided on the website.
If you can’t access the compensation form, you can contact the Windrush Helpline and ask them to send you a form to your address.
What happens after I send my Windrush Compensation Form?
After you have sent your form to the Home Office, they will contact you to confirm receipt and consider the form and any supporting documents provided.
If your claim is successful you will be contacted by the Home Office with a compensation offer. The amount of compensation offered will be decided based on the information provided on the form and any supporting documents provided.
If you would like to discuss or request more information about the Windrush Compensation Scheme, please do not hesitate to contact our team of expert UK Immigration Solicitors at firstname.lastname@example.org or call us on 0207 487 8370.