Bumi Thomas has been told she is illegal despite being born in Glasgow and spending most of her life in the UK
A musician born in the UK faces being kicked out of her home because of a little-known change to Home Office legislation.
Bumi Thomas was given 14 days to leave after being told she is
illegal despite living here most of her life. The rising jazz star grew
up thinking she was British, attended university in the UK and has
legally worked and paid taxes since graduation.
However because her parents are Nigerian, she now faces deportation
and being separated from her family and friends. The situation bears a
chilling resemblance to the Windrush scandal, which saw many people
deported in error after decades of life in the UK.
Ms Thomas was born in Glasgow in June 1983 to parents who came over
from Africa in the early 1970s. In January 1983, Margaret Thatcher’s
Tory government changed the British Nationality Act that removed the
automatic right of citizenship for children of parents from former
colonies.
The singer’s parents should have registered her but were unaware
they needed to do so. In a twist of irony, Ms Thomas’ elder sister Kemi
was born one year before the Act and has always had legal status.
The musician, 36, believes she is a victim of an increasingly
hostile attitude by the Home Office to migrants in the UK. She told the
Mail on Sunday: ‘My parents came here at the end of the Windrush era. ‘I had a National Insurance number, I had my birth certificate, I’d got a driving licence, a bank account, I went to college.
‘At no point during that process was there any indication I was
doing anything incorrectly.’ Speaking to Metro.co.uk, she continued: ‘I
have never had any question in my mind that I’m British and Scottish.
‘And that’s something I’m proud of. But according to a piece of paper,
suddenly what I think about myself isn’t valid. It’s an illusion.’
At the age of three-and-a-half, Ms Thomas and her family returned
to Nigeria. She came back to the UK as a teenager, thinking she
automatically had dual British-Nigerian nationality.
After graduating with a degree in fine arts from Bath Spa
University she began to work and moved to London, where she now lives
with her sister.
It was only at the age of 25 when she went to apply for her UK
passport that she was told she was never registered as British. The Home
Office was told she had technically overstayed in an illegal capacity.
Ms Thomas said her case was classed as ‘complex’ and she was told
to use human rights legislation rather than immigration laws to fight
it. That marked the start of an ‘exhausting and expensive’ decade-long
legal battle.
Two weeks ago she received a letter from the Home Office saying her
application for permanent residency had been unsuccessful. She was
given 14 days to appeal or face detention without notice.
Ms Thomas has since lodged an appeal and is awaiting a court
hearing. The musician, who has performed at the Royal Festival Hall and
London Palladium, continued: ‘My parents had no idea of the law change.
‘This was in an analogue age, where correspondence was written and there was no social media.’ She added: ‘When I was told I wasn’t British, I was shocked and devastated.
My soul and my spirit were screaming. ‘Nigeria is foreign to me and I am a foreigner there. I’ve been in the UK for 18 years.’ Ms
Thomas’ grandfather came to the UK to study medicine and she said her
parents were also given a warm welcome as part of the Windrush
generation – when people from former colonies came to the UK to rebuild
the country after the Second World War.
She said their treatment was in stark contrast to the way the Home Office was now treating her and thousands of others who ‘fall through the cracks of the system.’ She added: ‘There is a stigma attached to being an immigrant these days.
‘At no point did I ever think I was doing anything wrong. ‘When
my parents came over they were welcomed but now it is different. There
are people who have lived in the UK for 30/40/50 years facing
hostility.’
Ms Thomas continued: ‘The Home Office right now has a hostile
environment policy, a set of administrative and legislative measures
that are designed to make staying in the UK as difficult as possible for
people like me.’
The musician should be making her US debut at the Ford Theatre in
Los Angeles in October but the immigration issues mean that is now in
doubt. She has launched a gofundme page to help towards legal costs,
which are already at £7,000 and rising.
Ms Thomas’s lawyer, Fahad Ahmed, said she missed out on automatic citizenship by a matter of months and added: ‘Courts
take a less harsh view than the Home Office, and if someone can prove
their life is here, the courts will use their discretion.’
The British Nationality Act 1948 gave citizens of British colonies
the right to settle in the UK. Since they had the legal right to come to
the UK, they never needed nor were given any documents upon entry. In
what later became known as the Windrush scandal, many were wrongly
detained, denied legal rights or deported in administrative blunders.
The Home Office is set to pay up to £200 million in compensation to
people whose lives were damaged by their mistaken classification as
illegal immigrants. The Home Office has been contacted by Metro.co.uk
about Ms Thomas’ case.
Culled from Metro UK
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