Eligibility - Background
This compensation scheme (“the Scheme”) is designed to compensate individuals who have suffered loss in connection with being unable to demonstrate their lawful status in the United Kingdom. Those most affected are often referred to as the “Windrush generation”.
This name refers to the “Empire Windrush”, one of the first ships that brought workers from Caribbean islands to the United Kingdom in 1948, in response to labour shortages following the Second World War. The Scheme is not limited by reference to those connected to that ship or those with a family connection to the Caribbean.
For those most affected, their lawful right to stay in the United Kingdom stems from arriving and settling in the United Kingdom, mainly but not exclusively from Commonwealth countries, before 1 January 1973. In these cases, the right to stay in the United Kingdom derives directly from the Immigration Act 1971 without the need for any documentation. However, the Scheme is open to any eligible person who arrived in the United Kingdom before 1988 from any country who is lawfully in the United Kingdom.
Important check .
What is your immigration status primary claimant ?
What is your family status ?
Status is a first step before eligibility and making an application to Windrush Compensation Scheme.
In certain cases, individuals based overseas may also be able to claim. The Scheme is also open to close family members of those groups.
Eligibility - Primary Claimant
You need to meet one of the following conditions to be able to make a claim for compensation under the Windrush Compensation Scheme.
- I came to live permanently in the UK as a Commonwealth citizen before 1 January 1973, and I have lived in the UK ever since.
- I came to live permanently in the UK as a Commonwealth citizen before 1 January 1973, and lost my settled status because I left the UK for more than two years, but I am now in the UK lawfully.
- I am a Commonwealth citizen with right of abode and was ordinarily resident in the UK on 1 January 1973.
- I previously met one of the above conditions and I am now a British citizen.
- I came to live in the UK before 31 December 1988 and have right of abode, settled status or am now a British citizen.
- I have right of abode or settled status;
- I am now a British citizen; or I have lost my settled status because I left the UK for a period of more than two years.
- came to live permanently in the UK before 1 January 1973; or
- has right of abode (or did and is now a British citizen) and was ordinarily resident in the UK on 1 January 1973 and I (or my parent if I am claiming as a grandchild) was born in the UK or arrived in the UK before the age of 18 and have lived here ever since.
Close Family Member
As a close family member, you must make sure two sets of conditions are met, as follows.
- I am the mother or father of the primary claimant
- I am the brother or sister of the primary claimant
- I am the son or daughter of the primary claimant
- I am the husband, wife or civil partner of the primary claimant
- I am the unmarried partner of the primary claimant (and have lived with the claimant continuously for two years or more
Choose the condition you think best describes the primary claimant.
- They came to live permanently in the UK as a Commonwealth citizen before 1 January 1973, and have lived in the UK ever since.
- They came to live permanently in the UK as a Commonwealth citizen before 1 January 1973, and lost their settled status because they left the UK for more than two years, but they are now in the UK lawfully.
- They are a Commonwealth citizen with right of abode and were ordinarily resident in the UK on 1 January 1973.
- They previously met one of the above conditions and they are now a British citizen.
- They came to live in the UK before 31 December 1988 and have right of abode, settled status or are now a British citizen.
- They are not currently living in the UK but came to live permanently in the UK as a Commonwealth citizen before 1 January 1973 and:
* they have right of abode or settled status;
* they are now a British citizen; or
* they have lost their settled status because they left the UK for a period of more than two years.
- Their parent or grandparent either:
*came to live permanently in the UK before 1 January 1973; or
*has right of abode (or did and is now a British citizen) and was ordinarily resident in the UK on
1 January 1973 and they (or their parent if they are claiming as a grandchild) was born in the UK or arrived in the UK before the age of 18 and have lived here ever since.
Representative of a Deceased's Estate
If they were still alive, the person who has died would need to meet one of the following conditions to be able to make a claim for compensation under the Windrush Compensation Scheme.
Select the condition you think best applies to them.
- They came to live permanently in the UK as a Commonwealth citizen before 1 January 1973, and they lived in the UK until they died.
- They came to live permanently in the UK as a Commonwealth citizen before 1 January 1973 and had lost their settled status because they left the UK for more than two years, but they were in the UK lawfully when they died.
- They were a Commonwealth citizen with right of abode and were ordinarily resident in the UK on1 January 1973.