This series and this post is fictional and is for illustrative and educational purposes only to discuss British nationality laws. Names, characters, storyline, businesses, places, events, locales, and incidents are either the products of the editor’s imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.
Thank you for joining us again with the British Citizenship for Children series. We ended the last post meeting Angélica’s sixth form college friend, Cherelle.
After leaving the library with Angélica, Cherelle got on the bus back home and decided to scroll through her pictures on FaceBook, reminiscing her life back in Barbados. Cherelle was 19 years old and was born in Bridgetown, Barbados. Cherelle was a quiet and well-behaved child growing up and missed her grandmother in Barbados who loved telling stories about the family.
Cherelle’s maternal grandfather went to the UK in 1948 in response to Britain’s labour shortage after the Second World War. Cherelle’s maternal grandfather arrived in the UK after journeying on the HMT Empire Windrush ship with over 1,000 other West Indians to help the Mother Country (Britain) as they were encouraged and invited to do so. West Indian immigrants (and a small group of other non-West Indian immigrants) who arrived in the UK between 1948 to 1973 are known as the Windrush generation. At the time, his brother was living in Jamaica and saw an advert in the newspaper. He advised Cherelle’s grandfather that if he wanted to go to England, he should come to Jamaica as the ship was picking up people in Kingston, Jamaica. Cherelle’s grandfather was known in Bridgetown as a great mechanic and everyone knew that moving to England would be an exciting opportunity for him.
However, Cherelle’s grandfather was more concern about the woman he had fallen in love with rather than going to England. The woman he had fallen in love with was a young schoolteacher and the only daughter for her parents amongst her four older brothers. Her father was the head teacher at a small school in Bridgetown who was very protective of her. Cherelle’s grandfather did not want to leave the love of his life in Barbados without marry her. Time was ticking for Cherelle’s grandfather to leave Barbados for Jamaica, but future father-in-law was slow to give his approval of the union as he wanted to make sure his daughter will be cared for. Cherelle’s grandfather got married to the love of his life four days before he was due to leave Bridgetown! So, there was no time for a honeymoon.
With a small photo of his wife in his wallet, Cherelle’s grandfather travelled to Jamaica to meet his brother who was also going to England. Cherelle’s grandfather wrote to his wife as soon as arrived in Jamaica and promised to write to her again once he arrived in England. Five days later, Cherelle’s grandfather and his brother boarded the HMT Empire with many other West Indian immigrants ready to provide their services. There was such pride on the HMT Empire to help the Mother country mixed with excitement and curiosity. Although, they were going to England, miles away from home, they thought they would be going to a home away from home (just not as sunny and hot). At the time, Cherelle’s grandfather was a British subject as Barbados was part of the British Empire.
Cherelle’s grandfather arrived in at the Port of Tilbury in the UK on 22 June 1948. There was news media at the dock taking pictures. Initially from the media attendance, it appeared that Cherelle’s grandfather and the other passengers was going to be welcomed with open arms. Little did they know the rough road ahead… Cherelle’s grandfather, brother, and a few other men were able to get a job working on the trains but getting accommodation was not as easy. Many of the available accommodation had the following notice:
‘No Blacks, No Irish, No Dogs’
Imagine Cherelle’s grandfather and others who had journey across the seas to help, especially as the Mother country was in need of re-building after the Second World War and this was the thanks they got!
Eventually, Cherelle’s grandfather and his brother was able to rent a room (together) in a house in Ladbroke Grove with two other West Indian families.
As promised, Cherelle’s grandfather wrote to his wife and sent some money for her to share between her and his mother who was in Barbados. If you have not guessed already- his wife is Cherelle’s grandmother. Two months later, Cherelle’s’ grandfather received a letter from Cherelle’s grandmother informing Cherelle’s grandfather that he was going to be a dad! Cherelle’s grandfather went straight to his boss to get some overtime in which he was sent to other train networks across the country. He had a feeling his first child was going to be a girl. He did not know how he was going to support Cherelle’s grandmother in the UK with their child as he was sharing a room with his brother, but he was determined.
On 09 February 1949, Cherelle’s grandmother gave birth to a baby girl who they named Joy in Bridgetown, Barbados. Eager to see his wife and daughter, he searched for an accommodation suitable for his family. He did not have much time to search as most of his time was spent working. He saved up enough money for their journey to England with the help of his brother to send for Cherelle’s grandmother and Joy.
On 25 November 1949, Cherelle’s grandmother and Joy arrived in the UK and Cherelle’s grandfather moved them into a two-bedroom house with another West Indian family.
The British Nationality Act (BNA) 1948 formed Citizens of the United Kingdom and Colonies (CUKC) who were British subjects who were born/naturalised/registered/adopted in the UK or one of the UK colonies of the British Empire. The BNA 1948 came into effect on 01 January 1949. Bye to British subjects, Hello to Citizens of the United Kingdom and Colonies (CUKC). So now Cherelle’s grandparents were CUKCs as of 01 January 1949 and Joy was born in Barbados as a CUKC. Still giving Cherelle’s grandparents [and Joy] at the time the freedom to live and work in the UK and any of its colonies.
Cherelle’s grandmother fell pregnant again in 1955 and gave birth to another baby girl called Sandra on 15 March 1956 in London. In 1960, when Sandra was 5 years old, Cherelle’s grandmother decided to start a Saturday school for some of the children in the area. She released that the education system in the UK disadvantaged the black children who attended the school. As a schoolteacher, she knew how important education was and while she was a qualified teacher, she was only able to get a part time teaching assistant role in the local primary school. She first-hand experienced the racism and prejudice as a black person in the UK in 1960’s as well as her husband and her daughters. Complaints were eventually made to the local council about ‘too many children’ coming in and out of the house on Saturdays so Cherelle’s grandmother had to shut down the Saturday school.
The Commonwealth Immigrants Act 1962 came in effect on 01 July 1962 to curtail immigration in the UK which ended the freedom of CUKCs and Commonwealth citizens had to live and work in the UK. Those who maintained this freedom to live and work in the UK were CUKCs who were born in the UK and CUKCs with a CUKC UK issued passport. Luckily by that time, Cherelle’s grandparents and Joy had be resident in the UK for more than 10 years and had settled status having arrived before 01 July 1962. They also had familial and residential ties in the UK so they were residents of the UK and could still work and live in the UK.
The Commonwealth Immigrants Act 1962, section 2(2)(b) state that wives and children under 16 of Commonwealth citizens resident in the United Kingdom should not be refused admission in the UK. Many children arrived in the UK either on their own passport or their parent’s passport
On 30 November 1966, Barbados gained independence! Now, Cherelle’s grandparents and Joy were no longer CUKCs but instead Barbadians from 30 November 1966. They were Barbadians who resident in the UK. Upon[SA1] gaining independence, Barbados joined the Commonwealth on 30 November 1966. Before 01 July 1962, CUKCs and Commonwealth citizens had the same rights as seen in BNA 1948, section 1 and 2.
Cherelle’s grandmother decided she wanted to leave England and return to Barbados. Cherelle’s grandfather did not want them to go as he was not ready to back to Barbados- he had just been promoted at work and hoped to buy a house in Ladbroke Grove. However, Cherelle’s grandmother has already made her mind up and left the UK with Joy and Sandra in 1967.
The Commonwealth Immigrants Act 1968, re-defined ‘CUKC’ in section 1, please refer the Commonwealth Immigrants Act 1962, s1 for more the definition of CUKC.
UK immigration rules got even tighter with the enactment of Immigration Act 1971. If Sandra were born in Barbados instead of the UK, had returned to the UK, let say in 1969, she would have been admitted in the UK again in accordance with Commonwealth Immigrants Act 1962, section 2(2)(b). This remained the case in The Commonwealth Immigrants Act 1968, section 2(2A).
The Immigration Act 1971 (came into force on 01 January 1973) section 1 entitled those were present and settled in the UK like Cherelle’s father and Windrush children, to be still be treated as settled under the Act.
Cherelle’s father felt British having been born as a British subject and living in England for over two decades therefore he did not think he needed to apply for British citizenship-anyway he has settled status in the UK so there was no need. Some of Cherelle’s grandfather Wet Indian friend did apply though.
Cherelle’s grandfather continued to write to Cherelle’s grandmother however as the years went by, the distance was taking a toll on their marriage and they decided to separate. But deep down, they still loved each and that is probably why they did not get a divorce.
Joy and Sandra attended school and university in Barbados and Joy decided to move to the United States of America to pursue a career as dancer. Sandra stayed in Barbados and became a teacher and like Sandra’s grandfather, she was the headteacher of the local school. Sandra got married to a doctor who was Barbadian in 1985 and together they had three children. Their youngest child- their unexpected blessing was Cherelle who was born in Bridgetown on 02 July 2001. Cherelle and her older two siblings are British Citizens. But how? They are British by descent.
British Nationality Act 1981, section 2(1)(a)
Acquisition by descent
(1)A person born outside the United Kingdom after commencement [01 January 1983] shall be a British citizen if at the time of the birth his father or mother—
(a)is a British citizen otherwise than by descent;
Looking at Cherelle-Cherelle was born in Barbados in 2001. Her mother, Sandra is a British citizen otherwise than descent (meaning she is a British citizen but not by descent)
Sandra is a British citizen as defined by BNA 1981, section 11(1)
British Nationality Act 1981, section 11(1)
Citizens of U.K. and Colonies who are to become British citizens at commencement.
(1)Subject to subsection (2), a person who immediately before commencement—
(a)was a citizen of the United Kingdom and Colonies; and
(b)had the right of abode in the United Kingdom under the Immigration Act 1971 as then in force,
shall at commencement become a British citizen.
As briefly discussed in Week 04, a person born in the UK before 01 January 1983 like Sandra was a CUKC and had the right of abode therefore when the BNA 1981 came into force on 01 January 1983, that person became a British citizen automatically.
Sandra is British by otherwise than descent and you may refer to BNA 1981, s14 for the meaning of British citizen by descent and you will note BNA 1981, section 11(1) is not included.
Sandra, her husband and Cherelle moved to the UK in 2010 as Cherelle’s father was offered a job at the Royal United Hospital.
The year prior, Cherelle’s grandfather moved back to Barbados for good and rekindled his love for the only love of his life, Cherelle’s grandmother.
Further, the Windrush Scandal surfacing after the destruction of the landing cards for Windrush migrants, Sandra was relieved that her father returned to Barbados to be with her mother and her sister Joy was living in the United States of America but still felt hurt and disgusted by the way those from the Windrush generation was being treated aiding to the hostile environment.
Cherelle quickly gets change when she arrives home as she gets ready to go to work. Cherelle is a part time babysitter for serval of the families on her street. Luckily, she does not have to travel far as she is going two doors to her Brazilian neighbour, Stella. We meet Stella in Week 2 and Stella is heavily pregnant with her third child and needs help looking after her two children, Francesco, age 8 who was born in Brazil and Valentina, age 3 who was born in the UK. When Cherelle arrives, Stella and her Italian husband, Giovanni are arguing. Cherelle cannot help but hear their argument about Francesco’s immigration matter. Stella wants to apply for British Citizenship for Francesco and Giovanni does not believe it is necessary as Francesco is Italian.
If you are concern about your immigration matter or your child’s immigration matter, please contact a reputable solicitors’ law firm that specialises in immigration law to find out your options.
Further reading
No reading this week! but instead watch The BBC documentary presented David Olusoga called ‘The Unwanted: The Secret Windrush Files’ available on BBC iPlayer
But if you prefer to read:
Independent report-Windrush Lessons Learned Review by Wendy Williams
The Legal Chit Chat 