Windrush Day – 22 June 2023

Thursday 22 June 2023, marks 75 years since HMT Empire Windrush docked in Tilbury, Essex in 1948.
 

Today, the term ‘Windrush’ is used to symbolise the mass migration of mostly Caribbean, but also other Commonwealth nationals, to the UK between 1948 and 1971. In 2018, the Government announced a national Windrush day on the 22nd of June each year as a way of paying tribute to the contribution and achievements of the Windrush generation, and their descendants, to the UK.

There is no doubt that the contribution of the Windrush generation has been great indeed. It is widely known that the NHS we know today is testament to the significant work and efforts of the Windrush generation, many of whom came to the UK to take up roles as nurses and doctors. Prominent individuals from the Windrush generation include:  I. Stephanie Boyce, the 6th female and 1st black president of the Law Society of England and Wales; Sir Steve McQueen CBE, director, screenwriter and artist, best known for the film 12 Years a Slave; John Barnes MBE, former professional football player and manager; and Linford Christie OBE, former sprinter and the only British athlete to have won Gold medals in the 100 metres at all four major competitions.

These are only a few examples of significant contributions which have been made by the Windrush generation to the UK.

However, I came across wise words recently: “We must prioritise movements over moments.” It was correctly pointed out that often, on big occasions, we tend to focus on the fun, the food, the festivals, i.e., the surface-level, positive aspect of the occasion. Of course, there is nothing wrong with this, but the cause is just as important as the effect and these events are also an ideal opportunity to reflect on how we came to be where we are. In the context of Windrush Day, this means asking: how did Windrush Day come about and have lessons been learned from the past?

Towards the end of 2017 and into 2018, it was discovered that hundreds of Commonwealth citizens, many of whom were from the Windrush generation, had been wrongly denied legal rights and in many cases, wrongly detained and deported. Due to the Government’s failure to keep records, individuals who were in fact legally settled in the UK, were treated as illegal migrants.

Whilst today we celebrate the contribution of the Windrush generation to UK society, the alternate reality is that Windrush Day was created by the Windrush scandal. It is the positive aftermath of a not-so positive experience for hundreds of individuals who found themselves to be victims of the Government’s hostile environment, i.e., a system designed to keep ‘undesirable’ migrants out of the UK.

In the aftermath of the Windrush Scandal, the Government has declared its commitment to righting the wrongs of the past, yet it still seems that, within the UK immigration system, the term ‘undesirable’ is still inexorably linked to migration by black and brown migrants.

In a bid to reduce net migration, last month the Home Office announced changes to the student visa routes which would restrict international students from bringing their family members to the UK. From January 2024, only postgraduate research students will be able to bring dependents to the UK. According to the Home Office, the aim is to prevent people from using the student category as a ‘backdoor route to work in the UK’. Between March 2022 and March 2023, Nigerian and Indian nationals brought the highest number of dependants to the UK, 66,796 and 42,381 respectively. It follows therefore that the new rules will severely restrict migration from Asia and Africa. Ultimately, the message appears clear: these are not the countries the UK seeks to promote migration from.

In contrast, if we were to consider immigration categories such as the High Potential Individual visa, the UK seems very much to be open to migration from so called ‘developed’ countries. Under this visa category, only individuals with degrees from top universities are eligible to apply and whilst universities in Hong Kong, Japan and China make the list, the majority of eligible universities under this route are in North America and Europe. Currently, no African or Caribbean universities appear on the list.

Another example may also be seen in the Government’s response to recent humanitarian crises. It took just under a month for the Homes for Ukraine scheme to be opened after Russia invaded Ukraine in February 2022, however, there is no news yet on whether a similar scheme will be introduced for Sudanese refugees, despite calls for there to be an equivalent system.

The UK has a long history with migration and the reality is that this history prompts the migration movements we see today. The fact that we can celebrate Windrush Day is definitely a step forward and is a sign that at least a few steps have been taken in a truth and reconciliation exercise. However, it is also a reminder that work still needs to be done when it comes to attitudes towards migration and who we welcome into the country. 

For me, the lesson of Windrush Day is the recognition that people from all cultures and backgrounds have the ability to positively impact and contribute to our society, yet, despite promises to “…build a fairer, more compassionate, Home Office that puts people first and sees the ‘face behind the case’…”. The examples set out above indicate that this promise is still waiting to be fulfilled and, unfortunately, it seems that we may be waiting for quite some time.   

In the immediate aftermath of the Windrush Scandal, Wendy Williams was appointed as an independent advisor by the Home Office to look into why the scandal happened and the Government’s response to it. In her review, she set out 30 recommendations for the Home Office to implement to help ensure that such a scandal never occurs again. Earlier this week (19 June) it was reported that the Home Office unit responsible for implementing Ms Williams’ recommendations had been quietly disbanded. The work of two teams will be terminated from 1 July and one team is being relocated to Sheffield. This is despite the fact that of Ms Williams’ 30 recommendations, only 8 have been met and 13 have been partially met. The remaining 9 recommendations have either not yet been met or they have been dropped.

The timing of this decision, around the 75th anniversary of HMT Empire Windrush’s arrival to the UK, perhaps indicates that righting the wrongs of the past and compassion and fairness were never true priorities for the Government – whilst disappointing, given its past actions, this is unfortunately not a surprise.   

about the author

Bukunmi joined the Immigration team as an Associate in April 2021 and is a member of the department’s private client team. Bukunmi is experienced in assisting a wide range of clients with their UK immigration matters, in particular private individuals, who wish to work, study, visit or relocate to the UK. 

further information

If you have any questions regarding this blog, please contact Bukunmi Osuntoki in our Immigration team.