The Nationality and Immigration Status of the "Windrush Generation" and the Perils of Lawful Presence in a "Hostile Environment"

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Abstract

This article examines a subject to otherwise dealt with in the literature. It traces the nationality and immigration status of those post-War entrants to the UK from the West Indies, popularly known as the "Windrush Generation". It concludes that their arrival was perfectly lawful and that their continued presence in the UK is equally lawful, despite the Commonwealth Immigrants Acts 1962 and 1968, the Immigration Act 1973, the British Nationality Act 1981 and other legislation, and despite the fact that most of the West Indies obtained independence over that period. It concludes with observations on how the policy of a "hostile environment", intended to discourage illegal or overstaying entrants could seriously prejudice the position of those lawfully present in respect of their jobs, housing, NHS treatment and settled status.
Original languageEnglish
Pages (from-to)218-239
Number of pages22
JournalJournal of Immigration, Asylum & Nationality Law
Volume33
Issue number3
Publication statusPublished - 2019

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Caribbean Region
nationality
immigration
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immigration law
prejudice
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immigrant
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literature

Keywords

  • Windrush
  • Nationality law
  • Immigration law
  • hostile environment

Cite this

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abstract = "This article examines a subject to otherwise dealt with in the literature. It traces the nationality and immigration status of those post-War entrants to the UK from the West Indies, popularly known as the {"}Windrush Generation{"}. It concludes that their arrival was perfectly lawful and that their continued presence in the UK is equally lawful, despite the Commonwealth Immigrants Acts 1962 and 1968, the Immigration Act 1973, the British Nationality Act 1981 and other legislation, and despite the fact that most of the West Indies obtained independence over that period. It concludes with observations on how the policy of a {"}hostile environment{"}, intended to discourage illegal or overstaying entrants could seriously prejudice the position of those lawfully present in respect of their jobs, housing, NHS treatment and settled status.",
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