Justice for Nelson: Home Office vs. Our Dad.

We are crowdfunding for help with our legal challenge against the Home Office over their unfair treatment of our Dad, Nelson Shardey.

You might not have met our Dad, Nelson Shardey in person but his urgent story is one we’d love you to take a few minutes of your time to read, and support if you can.

Nelson, is 75 and has lived in the UK since 1977.

For many years, he has been a larger than life figure at the heart of our community in Wallasey. We remember people coming into buy a paper at his shop, Nelsons Newsagents, and staying for a cup of tea and a chat. During the pandemic our dad was a lifeline for many when he branched out into home delivery.

In 2007, he was awarded a “Mersey Marvel” award after saving his friend from a brutal attack by a masked robber. When he eventually retired after 31 years he was described as a “local legend” by the Wirral Globe.

But a few years ago he found out he was not British – although he believed he was.

In 2019, when he went to a solicitor for help to apply for a British passport, he was told that he’s not British and that despite living and working here for over 40 years, paying taxes, having a mortgage, doing jury service and carrying out charity work he had no lawful basis to be here.

We, and our solicitor, think he should be given indefinite leave to remain (“ILR”) in the UK now, given how long he has lived in the UK and how much he has contributed to the community. But the Home Office have refused which is why we now face a legal battle and significant financial risk.

On finding out the horrible news in 2019, he was granted 2.5 years limited leave to remain in the UK on the 10-year route to settlement – meaning he would need to spend a further 10 years in the UK before he is entitled to apply for ILR.

In 2022, Nelson lost his limited leave to remain as when he tried to renew it he submitted the wrong application. He couldn’t afford solicitor’s fees to help him with the complex process. The Home Office never told him of his error.

We were then wrongly advised by the Home Office that Nelson may be eligible for British citizenship under the Windrush Scheme, despite us telling them we didn’t think he was. We applied and waited a year for a decision, but the application was eventually rejected by the Home Office because Nelson was not eligible for the Scheme.

To top it all off, Nelson underwent treatment for cancer during this period.

Last year, the Home Office told Nelson he would have to apply for limited leave to remain again, which would “reset the clock,” on the 10-year route to settlement.

This means having to re-apply for status four more times, paying thousands in visa fees over the next 10 years, and not receiving ILR until our dad is at least 84.

 

Legal challenge

We are trying to get ILR for our Dad.

Right now, he cannot access public funds, or pension credits, and is liable for paying the NHS immigration surcharge, despite contributing so much over his working life.

He is scared.

The Home Office has the power to grant ILR now if they choose, outside of the rules and under exceptional circumstances, and that’s what our solicitor Nicola has asked them to do.

But in January 2024, the Home Office again said he needs to complete a further 10-year period. Put simply, we are concerned that our Dad won’t live to be granted the permanent right to live in the country he has called home for 47 years.

This is why we are challenging the Home Office’s refusal.

What’s next

On 13th May 2024 wefiled our amended grounds in our judicial review. We argue that:

- The Home Office’s policy for granting ILR outside the rules is too restrictive for those like my Dad and others in his situation, who have resided in the UK for decades;

- The Home Office has failed to take into account relevant evidence such as our Dad’s history here including his charity work and his award for bravery, and fails to address the detrimental impact it will have on him of having to apply for further leave to remain every 2.5 years until he is at least 84; and

- The decision is in breach of his human rights. We are worried that due to his age, his health, now having to pay to access the NHS, his exclusion from pension credits and the stress and anxiety of having to deal with the Home Office for at least the next 10 years, could cause our Dad harm.

Our dad is represented by GMIAU, a charity based in Manchester. They believe in our case and are working on a no win no fee basis. This means they will only get paid if our Dad wins.

Our barrister, Rowena Moffatt of Doughty Street Chambers is working at discounted rates.

Our case is also supported by evidence from Praxis and IPPRwhich shows the unfairness of the 10-year route to settlement and how this unduly impacts people’s lives.

What you can do to help?

The legal challenge involves considerable financial risk for Nelson and our family. If we are unsuccessful and we lose, we will have to pay the Home Office’s legal fees and some of our barrister’s fees. Based on our legal team’s experience in other cases, we anticipate that any potential costs order against our Dad could be for as much as £20,000 minimum.

Whatever the outcome, we would much rather have tried than to have submitted to a biased system that penalises the most vulnerable in our society. £20,000 is a small fortune for us, but you can’t put a price on wanting a loved one to have security in his old age, and if we can help change the law to make it better for others in the process then so much the better.

Our Dad is a strong and proud man and would rather be spending his time helping his community and making the most of life. He doesn’t want to be asking for help. But he finds himself in a position where he must.

Can you please help us raise funds to protect Nelson from a high legal bill if he loses?

If Nelson is successful in his claim then there will be no legal costs to pay, so we will pay all of your kind donations forward with 50% to be donated to Wirral Foodbank and 50% to the Boaz Trust, a charity which provides accommodation and support for people seeking sanctuary in Greater Manchester and surrounding areas.