Euen Herbert says he was made homeless and placed in detention as a result of the Windrush scandal. But after managing to get himself out of holding by using self-taught law, he faces another hurdle
An aspiring lawyer has been blocked from receiving university funding after he was asked to provide proof of living in the country for the last 20 years – despite being made homeless.
Trained pilot Euen Herbert says he came to the UK from St Kitts and Nevis in 2003 as a second generation Windrush descendant whose grandfather arrived in the UK in 1955 – making him a British citizen as part of the Windrush generation.
However, Euen says his life was turned upside down leaving him homeless as a result of the Windrush scandal and Theresa May’s hostile environment policies which saw people from Commonwealth countries stripped of their right to work, access healthcare with many even deported.
The father-of-two was placed in detention by the Home Office for three weeks in 2009 and again in 2011 for three months and once more in 2013, but says he successfully used self-taught law to get himself out and gain the right to work and study in the UK.
But now Euen, who has already started the law degree at the University of Wolverhampton, could soon be forced to leave as he cannot prove that he lived in the UK for the last 20 years in order to receive funding – despite being wrongly detained for overstaying in the country.
Euen said: “It feels like every time I try and do something in my life, there’s always some kind of obstacle. I want to try and help people.
“It is law that got me out of detention. Being able to learn the legislation and being able to defend myself – this is where my passion has developed. I just want to advance myself in this area to go further.
“What Student Finance is asking for is is parallel to what they were asking members of the Windrush generation for all that time. To prove through that you have the right to be here. 20 years of consecutive proof of being in the country, that’s excessive.
“Nobody keeps 20 years of records. I couldn’t even open a bank account. Because of the circumstances I was in. I don’t have 20 years of that sort of information. The only record that will show that I was here for 20 years is the Home Office itself.”
As well as being held in detained and made homeless Euen says he was left without a national insurance number, having no way of renting a place to live and forced to live under the radar with friends and family.
The trained pilot says he tried to get accommodation for him and his then eight-year-old son but was refused by the a council staff member who “jeered at him”.
Euen said: “I went to the council to get help and housing. The department guy put his hands on his ears and like a child and jeered at us. That brought tears to my eyes. Its something that will never ever leave me.”
An independent report commissioned by the Home Office which the Conservative party had attempted to bury also revealed that racism was at the heart of UK immigration laws designed to reduce the number of Black people and those who “did not have white skin”.
Although Euen says he faced the same horrific experiences as many Windrush descendants, he was told he is not eligible under the Windrush Status Scheme because he had not been in the UK before the age of 18 as he arrived at the age of 23.
Euen said: “The system is flawed. Even if I came in the UK before 18 and I fit the criteria for the Windrush scheme and then I’m locked out of the country at some point because of the scandal, how could I have been here all my life. The Home Office knows the truth. “
Euen says he has written to the Minister for Migration Seema Malhotra to challenge the decision not to give him Windrush scheme status and that he will be challenging the Home Office and bringing a judicial review.
A Student Finance spokesperson said: “SLC is responsible for the administration of student funding and all students must meet the required eligibility criteria, including residency, in line with the student support regulations.
“When Mr Herbert applied for student finance, he provided immigration evidence that included his right to abode under the Windrush Scheme, which had previously been rejected by the Home Office.
“SLC has contacted the Home Office to check his immigration status, and it has been confirmed that he does not hold Windrush Scheme status, and so therefore is ineligible for student finance under this status.
“We have requested evidence of long residency from Mr Herbert to allow us to determine his eligibility for student finance under this category and his application will be considered once this information is received.”
The Mirror asked the Home Office if they would give Student Finance the proof that Euen had resided in the UK for 20 years.
A spokesperson said: “The Home Secretary is determined to put right the appalling injustices caused by the Windrush scandal, making sure those affected receive the compensation they rightly deserve, and ensuring cultural change is embedded permanently into the fabric of the Home Office.
“There will be occasions where individuals from Windrush communities are not eligible for settlement in the UK through the Status Scheme. In the event of this, we offer tailored support to ensure they are pointed to other routes for settlement, in which they may be eligible.”
