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Originally Posted by techguyone
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The onus is on individuals to prove they were resident in the UK before 1 January 1973, the date the 1971 Immigration Act came into force. However, a key clause from 1999 legislation, which had provided longstanding Commonwealth residents with protection from enforced removal, was deleted from the 2014 Immigration Act. The government did not announce the removal of this clause, nor did it consult on the potential ramifications.
THIS is the bigger problem, nevermind LAB & CON squabbling about who did what. THIS is the issue, and it's a worrying one,. it shows a lack of due diligence and transparency on all sides.
With legislation like that slipping in, we're all farked. Where else has stuff been quietly erased...
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It seems like there are two problems with the 2014 immigration act.
One of those was the removal of protection for commonwealth citizens which it seems was already identified as an issue back in 1999.
But it's also this 'hostile environment' act which turns everyone into immigration police. This is less of a problem for clearly illegal immigrants but it turns out there is another category of people for whom the answer to their legal status is complicated. These are people who the act wasn't intended to target, who no-one has a problem with, but nonetheless do not have the full legal status and don't have the documentation required. The changes, as well as removing their protection, has forced every state entity, landlords and employers to flag them up and so they find themselves out of work, unable to access healthcare and even at risk of deportation!
It's hard to prove nationality especially if you don't have a United States style law where being born in the country makes you a national of it automatically.
---------- Post added at 09:28 ---------- Previous post was at 09:25 ----------
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Originally Posted by nomadking
So the changes only affected whether you could be deported if you couldn't prove a right to remain, not a right to NHS care, jobs, housing etc. All of those issues would remain without any of the 1999 changes(whatever they were).
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The 2014 act is what made these people need to get documentation without respect for long term residency i.e windrush.
Basically these people went around their entire lives thinking, rightly, they were here legally. In 2014 not only was this assumption overturned but also caught them in a situation where the NHS, landlords, employers and more would demand they prove something they have heithro not been required to prove and set very high standards to do so.