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Nelson Shardey

(133 Posts)
Callistemon21 Thu 16-May-24 18:32:17

This is rather long but I hope you will read it.

Nelson Shardey, age 74, is a Ghanaian man who came to the UK nearly 50 years ago to study accountancy. When there was a coup in Ghana his family were unable to continue supporting him so he worked so he could continue his studies.
He worked for well-known firms such as Mother's Pride, Mr Kipling Cakes and Bendincks.
No-one ever queried his right to stay and work here. He paid his taxes.
Later on he ran a newsagent's, married and had a family. His sons went to university here and both have good jobs.

Mr Shardey bought a house after obtaining a mortgage.
He has performed jury service, and in 2007 was given a police award for bravery after tackling a robber who was attacking a delivery man with a baseball bat.

He never applied for a British passport as he never went abroad until 2019 when he wanted to go to Ghana after his mother died.

That's when his troubles started because the Home Office said he had no right to be in the UK.
Officials told him to apply for the 10-year route to settlement.
By that time, even if granted, he will be 84.

Over the 10 years it costs about £7,000, with a further £10,500 over the same period to access the NHS.

"I cannot afford to pay any part of the money they are asking," said Mr Shardey, who is recovering from prostate cancer."

Mr Shardey made a mistake in believing he did not need to apply for settlement here and no-one, not the HMRC, the CJA, the banks ever advised him otherwise.

This man has been an asset to our country, a man to admire.

Surely the Home Office should use some common sense and grant him British citizenship as a matter of urgency?
We need rules but there must be some way round this ridiculousness.

crazyH Thu 16-May-24 18:41:12

Yes, I read about it.
If he worked here, paid his taxes, and obviously had a National Insurance Number, for 50 years, ofcourse, he should be granted British Citizenship.

HousePlantQueen Thu 16-May-24 18:41:18

This is scandalous. There have been similar cases brought about by the Windrush 'scandal' and some people are still stuck in limbo. Yet another example, as if we needed more, of the loss of moral compass, of international and national reputation.

Fairislecable Thu 16-May-24 18:45:16

I fail to understand how the powers that be cannot see the logic in his claim. He should not have to jump through hoops that are designed for immigrants who have lived here for a short time.

Germanshepherdsmum Thu 16-May-24 19:14:58

I heard his story on the news. Presumably he obtained a visa to come here to study and that visa expired many years ago. He is not an unintelligent man. Why did he not take steps to enable him to remain here legally when his visa expired?

Allsorts Thu 16-May-24 19:18:17

What a disgrace. He’s worked and raised a family here, he’s entitled to be here. I do wonder if it’s a jobs worth as he is an easy target.

Callistemon21 Thu 16-May-24 19:34:58

I don't know why Mr Shardey has to wait ten years for a decision.
It seems someone at the HO is misinterpreting the rulebook

Processing Time
After you’ve applied for your British citizenship, you can expect to receive a decision within six months, although some applications take longer.

Callistemon21 Thu 16-May-24 19:36:38

I would have thought someone could make a decision on a case like this within 24 hours.

petra Thu 16-May-24 20:13:36

Callistemon21

I would have thought someone could make a decision on a case like this within 24 hours.

Ah, there lies the rub. Enter details = computer says no.
I’m afraid common sense is in short supply in the Home Office.

keepingquiet Thu 16-May-24 21:03:59

Germanshepherdsmum

I heard his story on the news. Presumably he obtained a visa to come here to study and that visa expired many years ago. He is not an unintelligent man. Why did he not take steps to enable him to remain here legally when his visa expired?

He may not have needed a visa then, being a commonwealth citizen.

Polar22 Thu 16-May-24 22:01:20

Some jobsworth somewhere needs to tick all his boxes. It’s ridiculous. Triage it. Get him sorted.

Oreo Thu 16-May-24 22:10:51

Germanshepherdsmum

I heard his story on the news. Presumably he obtained a visa to come here to study and that visa expired many years ago. He is not an unintelligent man. Why did he not take steps to enable him to remain here legally when his visa expired?

That’s what I thought when I read about his case in the news today.
Going to another country to study a subject and being allowed to work doesn’t make you a citizen of that country.
He fell through the cracks and the authorities lost track of him I expect.
So it isn’t a scandal at all.
Nevertheless I think the HO could now consider him a special case since he’s paid into the system for a long time.

25Avalon Thu 16-May-24 22:13:16

I thought you had to be here for 10 years to be eligible for British citizenship, and then had to undertake a test asking questions on various British topics, and then have good references. This is what happened with a young lady we know from Bosnia who just met the 10 years by 3 months which we were able to prove.

Callistemon21 Thu 16-May-24 22:13:38

www.theguardian.com/uk-news/article/2024/may/15/wirral-local-legend-refused-indefinite-leave-to-remain-by-home-office

Retired newsagent Mr Shardey first came to the UK in 1977 to study accountancy, on a student visa that also allowed him to work.

Germanshepherdsmum Thu 16-May-24 22:24:52

It isn’t a scandal or a disgrace. He came here on a student visa which also allowed him to work. That doesn’t confer citizenship.

Elrel Thu 16-May-24 22:33:16

He’s a decent man, he’s 74. Does the Home Office pride itself on being without compassion?

Callistemon21 Thu 16-May-24 22:35:59

I didn't say it was a scandal or a disgrace

I do think that whoever has been dealing with this at the Home Office has been obstructive, put obstacles in his path by telling him to apply through the wrong channels which delayed his application by 18 months and shows a lack of initiative.
It shows up the Home Office as complete plodding duffers.

Germanshepherdsmum Thu 16-May-24 22:36:26

He outstayed his visa.

Callistemon21 Thu 16-May-24 22:36:45

Elrel

He’s a decent man, he’s 74. Does the Home Office pride itself on being without compassion?

More than their job's worth, Elrel

Sarnia Thu 16-May-24 22:37:43

The Home Office and common sense don't belong in the same sentence. The HM hasn't been fit for purpose for years. They hound a decent man like this yet let sex offenders stay because they have a cat.

Germanshepherdsmum Thu 16-May-24 22:41:37

I think you’ll find the man with the cat remained thanks to the ECHR, not the HO.

If they cave in over this man and his expired visa, of which he will have been well aware, they set a precedent. He isn’t stupid. He knew full well that he only had limited permission to stay here.

Callistemon21 Thu 16-May-24 22:43:16

Germanshepherdsmum

He outstayed his visa.

Yes, it was probably an oversight on his part.

Even so, a rapid investigation of his history and his life since coming here should have meant his right to stay could have been granted in the six months which is stated as the minimum time from application to granting his application for British citizenship.

They've happily accepted his tax and NI payments all these years and are now refusing him NHS treatment without payment and stopped his pension, I believe.

maddyone Thu 16-May-24 22:43:21

Germanshepherdsmum

It isn’t a scandal or a disgrace. He came here on a student visa which also allowed him to work. That doesn’t confer citizenship.

Agreed.
He obviously overstayed his visa.
Nonetheless since he’s been here so long and worked to support himself and paid his taxes, I think he could apply for citizenship and it should be granted within a few weeks. I can’t see a problem. He’s not a victim.

Callistemon21 Thu 16-May-24 22:46:47

It's the length of time and the obstructions put in his way which are, in fact, a scandal.

He's a Commonwealth citizen and as such the procedure should not take ten years.

Germanshepherdsmum Fri 17-May-24 08:39:38

I see no reason why he should be treated differently to anyone else who doesn’t leave the country when their visa expires. He got away with it for years. That should not make a difference.