Guidance

Windrush passport applications and customer questions

Published 19 December 2022

Version 7.0

Guidance for His Majesty’s Passport Office operational staff on how to examine passport applications and respond to customers affected by the Windrush scheme. It also covers questions from the media, Members of Parliament and United Kingdom Visas and Immigration (UKVI).

About: Windrush passport applications and customer questions

The Windrush Scheme applies to Commonwealth citizens who:

• settled in the UK before 1 January 1973 and have lived continuously in the United Kingdom (UK) since their arrival

• settled in the UK before 1 January 1973 and whose settled status has lapsed (left the UK for more than two years since 1 January 1973)

• have the right of abode (ROA) in the UK and were ordinarily resident on 1 January 1973

The Windrush Scheme also applies to:

• a child of a Commonwealth citizen (including one who has ROA) and who was settled in the UK before 1 January 1973, where the child was born in the UK or arrived in the UK before the age of 18 and has lived continuously in the UK since they arrived

• a person (of any nationality) who arrived in the UK (before 31 December 1988) who has indefinite leave to remain in the UK

• any passport application (from the UK or overseas) where the customer’s claim to British nationality depends on them providing documents showing their parent was a Commonwealth citizen who can apply to the Windrush Scheme

This guidance tells HM Passport Office operational staff and Quality Examination Support teams (QuESt) how to deal with passport applications and questions from customers impacted in the Windrush Scheme.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Guidance & Quality, Operating Standards.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email Guidance & Quality, Operating Standards.

Publication

Below is information on when this version of the guidance was published:

• version 7.0

• published for Home Office staff on 26 September 2022

Changes from last version of this guidance

This guidance has been updated to reflect the change in our sovereign from Her Majesty Queen Elizabeth II to His Majesty King Charles III.

Windrush passport applications

This section tells HM Passport Office examiners, including Quality Examination Support team, how to examine passport applications received from customers impacted by the Windrush Scheme.

You, the examiner, must follow existing guidance to establish the customer’s identity, nationality and entitlement. The customer must pay for their passport application unless they are allowed a gratis (free) application (see Passport fees guidance).

You must refer the application to QuESt (Quality and Examination Support team) and must not fail it, if it is linked to a Windrush applicant or relative and the customer either:

• cannot provide the correct documents

• has no claim to British nationality from the documents provided

QuESt will provide more guidance when they have reviewed the application.

Windrush status letters: UK and overseas applications

If you receive a Windrush status letter as evidence to support a UK or overseas application, you must accept the letter as proof of nationality only, along with any supporting evidence the customer can provide. You must still request documents to confirm identity, in line with guidance.

You must accept the status letter on balance of probability, if the customer is unable to provide any further supporting documents to confirm their nationality. This is because the Windrush team have already carried out extensive checks on the application. You must not offer the holder of the letter the option of DNA evidence for overseas cases as this will not be necessary.

If you have any fraud concerns, or believe the letter has been issued in error, you must refer the application to an operational team leader (OTL). The OTL will liaise with the Quality and Examination Support team (QuESt) and set up a case conference with UKVI before any decisions are made on the application.

Windrush: checking UKVI systems

Status letters issued by the Windrush task force are not held on the Application Management System (AMS) Home Office status letter file. Instead you must check the UK Visas & Immigration (UKVI) systems (or Person Centric View (PCV) to check a photo) to confirm the personal and nationality details on the status letter match the information on the UKVI systems.

You must complete this UKVI check yourself if you have access or refer to the person who completes UKVI system checks in your office and review the case notes. You must case note all actions.

Windrush record is protected on UKVI system

You, the examiner must refer the case to QuESt if UKVI protected the customer’s Windrush record. Windrush protected records follow a different process to other protected records and these must be referred to QuESt.

You (the QuESt) must:

• complete the Windrush referral template and email it to the Windrush team

• file the application for 4 weeks

• follow any advice received from the Windrush team

If the Windrush team advise the customer:

• can apply for NTL see ‘Customers who cannot apply for naturalisation and registration’

• does not have a claim for NTL or naturalisation or registration you must follow the Withdrawing passports and passport facilities guidance

Windrush: requesting a photo is added to UKVI systems

A Windrush customer will not have a photo on the UKVI system but there should be an image on PCV so you must check PCV in these cases.

If there is no image on PCV you, the examiner, must email the Windrush team with:

• the subject field ‘Windrush biometric photo requests for HM Passport Office identification purposes’

• customer name

• customer date of birth

• UKVI reference number

• customer address

You will receive an email response when the photo is uploaded. This will usually be in 48 hours. If your request is urgent, add ‘Urgent’ to the subject field with an indication of why and when in the email.

Where a photo is not available on PCV after you have requested it to be added by the Windrush team, you must send the customer for an interview and write a case note or follow Old Blue (hardback style) passports guidance if they hold an Old Blue passport.

Windrush: when an interview is not required

You must check if a Windrush customer living in the UK or a group 3 country will need to attend an interview or if it will be waived. See Interviews: overview of the interview process.

QuESt examination of Windrush cases

When you, the QuESt examiner must deal with a Windrush case, you must:

1. Follow the Supporting documents not available guidance.

2. Refer to CFT if you suspect fraud.

3. Email the Windrush team if you need help making a decision and especially before making any decision not to issue a passport due to lack of evidence.

4. Follow any advice from the Windrush team.

5. Refer to Guidance & Quality, Operating Standards only if there are concerns about the advice given from UKVI.

6. Case note all actions as well as nationality status.

7. Issue the new passport according to local QuESt arrangements for issuing passports.

If the customer has no claim to British nationality, or the Windrush team agrees there is insufficient evidence, you must tell the customer:

• they do not have a claim to British nationality, but they could apply to UKVI under the Windrush scheme for:

  • naturalisation or registration

  • a No Time Limit (NTL) document

• they may not be successful if they do not meet UKVI requirements

• we will keep their passport application open pending UKVI’s decision if they decide to apply for naturalisation or registration

• how and where to find contact details for the UKVI Windrush team

Windrush: customer wants to apply for naturalisation or registration

The customer must tell HM Passport Office that they are going to apply to UKVI for naturalisation or registration.

You, the QuESt, must:

1. Complete the Windrush referral template and email it to the Windrush team

2. Case note the application ‘Windrush – referred to UKVI for possible naturalisation or registration’.

3. Copy all the documents to keep with the live application so if we need them for examination, we do not have to request them again.

4. Return original documents to the customer with the Windrush letter, amended as needed for the customer with a pre-paid return label.

5. File the application for 4 weeks.

6. Check UKVI systems for any progress if there is no customer contact after 4 weeks.

You must then ask the customer if they have applied to UKVI for naturalisation or registration.

If the customer has applied, or intends to apply for naturalisation or registration, you must ask the customer if they want to keep their passport application open.

You must follow customer decides not to naturalise or register if the customer does not intend to apply.

If you cannot contact the customer and they have not been in contact with HM Passport Office, you must follow the withdrawing passport applications guidance. You must keep the application live on the system until they have naturalised or registered if they keep us informed of progress.

Windrush: when the customer has naturalised or registered

The customer can either send their certificate to QuESt using the pre-paid label or you, the QuESt, can check the UKVI system to see if they have naturalised or registered.

If you check the UKVI system, you must see if the ceremony exemption tick box is ticked, as Windrush customers can choose not to have a citizenship ceremony. Where they have chosen not to this, the box will be ticked. For these customers, the date of naturalisation or registration is the date outcome was granted on the UKVI system and you do not need to wait for the certificate or for UKVI’s systems to say ceremony attended.

You must see the certificate or wait until UKVI system is updated to say ceremony attended where the ceremony exemption box is not ticked.

QuESt must follow current examination guidance and local arrangements to issue the passport.

Windrush: customer does not or cannot naturalise or register

Customers must either tell HM Passport Office if they do not or cannot naturalise or register or you can find this information on UKVI system.

HM Passport Office cannot keep the customer’s passport application open indefinitely. If a customer does not or cannot naturalise or register:

• they must tell us

• we will check UKVI systems to see if:

  • they have applied for British nationality

  • their application was successful

You (the QuESt) must:

1. Check UKVI systems for any extra advice provided by them (for example, they will advise if the customer would qualify for ‘No Time Limit’ (NTL) immigration conditions).

2. Return their supporting documents.

3. Amend and send the Windrush letter to the customer.

4. Fail the customer’s passport application.

If the Windrush team advise the customer cannot apply for an NTL document you must follow the Refusing passport applications guidance.

Windrush guidance referrals

QuESt must refer to Guidance & Quality, Operating Standards only if there is a query about the UKVI response or if the guidance is unclear. All referrals must be through the guidance query route.

Guidance & Quality, Operating Standards will:

• review the case

• liaise with UKVI where necessary

• refer to the relevant policy team for advice, in cases of complex policy

Questions about Windrush

This section tells HM Passport Office staff how to deal with Windrush customer questions by phone, email or in person, at an office, as well as questions from the media, Members of Parliament and United Kingdom Visas and Immigration (UKVI).

If a customer needs general advice and does not have a live application, you must tell them to contact the Customer Services Management team (CSMT) and give them the following contact details:

• email: CustomerServiceCRST@hmpo.gov.uk

• phone: 0300 123 1973

Counter staff must advise the customer to go to GOV.UK for more information on the Windrush scheme and how to contact the United Kingdom Visas and Immigration (UKVI) Windrush team. If the customer wants to apply for a passport, you must give them the HM Passport Office contact details.

CSMT: dealing with Windrush customer questions

If a Windrush customer contacts us to ask for advice about getting a British passport, CSMT staff must:

• review the information provided by the customer

• ask for British nationality advice from the CSMT, CRST Windrush Champions case log

• ask for guidance advice from Guidance & Quality, Operating Standards

If you, the CSMT member of staff, believe the customer has no claim to British nationality, you must refer them to the Windrush guidance page on GOV.UK:

• Windrush Scheme: get a document showing your right to be in the UK

If you believe the customer does have a claim to British nationality, you must send the customer the CSMT Windrush letter including the pre-paid label.

CSMT staff must direct customers to UKVI for questions about compensation schemes and any general Windrush questions that do not relate to passport applications.

Website: Windrush Scheme: get a document showing your right to be in the UK

Email: commonwealthtaskforce@homeoffice.gov.uk

phone: 0800 678 1925

Media questions

HM Passport Office staff must refer any media questions or requests for information to the Press Office on 020 7035 3535 or email the reputation team with the details.

Member of Parliament queries

For case history, Parliamentary team will refer Member of Parliament cases to the office where we hold the application and refer to Guidance & Quality, Operating Standards for any policy or guidance advice.

UKVI Windrush team queries

The UKVI team will contact CSMT to provide customer information held on AMS (Application Management System) or on HM Passport Office historic records. If there is a live application, CSMT must contact the regional office before responding to UKVI and:

• get up to date information

• make the regional office aware of the query

• agree a way forward with UKVI and the regional office