Much has been heard recently of the Windrush Scandal in the UK. Many of the persons comprising what is described as the “Windrush Generation” travelled to the UK from Caribbean countries at a time when freedom of movement among Commonwealth countries was allowed. Travelling on your parent’s passport was common at that time and many persons never bothered to register for a passport. Many of these persons now find themselves in the position of having their UK status questioned and they have no document to prove their status. By virtue of the 1971 UK Immigration Act these Commonwealth citizens, who were already in the UK, were granted indefinite leave to remain as the freedom of movement previously enjoyed by Commonwealth Citizens was coming to an end. The Home Office, however, did not keep proper records so it is now difficult for persons who did not obtain documents to establish that they are in the UK legally. This has led to some individuals of the Windrush Generation not being allowed to re-enter the UK when they travelled abroad – or to them being deported or suffering the threat of being deported. The response to this has been loud and wide ranging and has resulted in apologies and promises to institute policies and systems to immediately redress the wrongs suffered by the Windrush Generation.
Sadly, in recent times, some persons who reside in Anguilla having been born in St Kitts or Nevis and who were previously treated as British Overseas Territories Citizens (BOTCs) or British Citizens, and were in fact issued passports, are now being denied these essential travel documents when they seek to renew them. These individuals would have been granted these passports by virtue of having satisfied the provisions of a piece of legislation titled the St. Christopher and Nevis Modification of Enactments Order. This piece of legislation establishes that persons born in St. Kitts or Nevis retain their status as BOTCs and are therefore British Citizens, by virtue of their birth in St Kitts or Nevis, once it is established that they had a parent or grandparent who was born in Anguilla.
It appears that an increasing number of these persons are encountering inexplicable obstacles when they seek to renew their BOTC or British passport. The renewal process, which is expected to be easier than the initial application process, presents many hurdles some of which, due to the passage of time, persons are unable to overcome resulting in them being denied the passport they previously held. Meaningful assistance is often not obtained from the Passport Office, the Attorney General‘s Chambers or the Governor’s Office. The officials there, it is understood, generally sympathise with the plight of these individuals but are unable to offer any relief to these individuals. Will this change anytime soon?
The Windrush Scandal has resulted in a sweeping package of compensation and new citizenship rights being rushed to implementation. Members of the Windrush Generation will be facilitated by a fast track procedure allowing them to acquire citizenship and to become entitled to a British passport. Will the previous holders of BOTC and British passports who are now being denied that privilege, on what appears to be technical policy related issues, be able in the future to benefit from a shift in policy allowing them to be reissued with BOTC and British passports without undue hassle?
Imagine the despair persons denied renewal of their BOTC and British passports must feel. The ability to travel, which most of us take for granted, is no longer available to them; they cannot attend the funerals or weddings of family members; they must miss the planned family vacation or be the reason for its cancellation or postponement. This state of affairs can, and is very likely to, adversely affect the psyche of individuals affected by the non-renewal of their BOTC and/or British passport. Do Anguillians need to scandalize the British institutions for the treatment being meted out to those who consider themselves BOTCs and British Citizens, before this wrong is righted? Hopefully GoA and UKG officials will use the avenues available to them to ensure that a groundswell of resentment such as that seen in the UK, as a result of the Windrush Scandal, does not manifest itself in Anguilla.
