A retired Ghanaian shopkeeper who was told he was not British despite living in the UK for nearly 50 years can now stay for good, the Home Office has decided.
Nelson Shardey, from Wallasey in Wirral, has lived in Britain since arriving as a student in 1977. However, in 2019, he was informed that he had no right to live in the United Kingdom.
The 74-year-old, originally from Ghana, has now been granted indefinite leave to remain after the government recognized his case as “exceptional.”
Shardey’s family said more than £48,000 raised for his legal fight will be donated to charity.
Mr. Shardey arrived in the UK on a student visa, but a coup in Ghana meant his family could not pay his fees. He worked various jobs, including making Mother’s Pride bread, Kipling’s Cakes near Southampton, and Bendick’s Chocolate in Winchester.
He said no one ever queried his right to live or work in the UK.
He married a British woman and moved to Wallasey to run his own business, a newsagent called Nelson’s News. When that marriage ended, he married another British woman, and they had two sons, Jacob and Aaron.
Shardey says he never left the UK, as he saw no need to and regarded it as his home.
When Nelson Shardey applied for a passport in 2019 to return to Ghana after his mother’s death, he was told he was not a British citizen. Officials told him to apply for the 10-year route to settlement, which costs about £7,000, with a further £10,500 over the same period to access the NHS – sums Shardey initially despaired of finding.
His case against the Home Office argued he should be treated as an exception because of his long residence in the UK, his bravery award, and his service to the community.
The Home Office said the Immigration Act allows it discretion to grant Shardey indefinite leave to remain outside the normal immigration rules. It will also waive the application fee.
Shardey said he was “overwhelmed, very, very happy and relieved.”
“I would like to thank everybody who believed in us and supported us in words and donations,” he said.
Shardey added that while the “battle” was won, he and his supporters “hope to win the war, for the authorities to agree that the 10-year route is inhumane and abolish it or shorten it.”
Shardey’s lawyer, Nicola Burgess of Greater Manchester Immigration Aid Unit, said she was thrilled at the decision.
“Nelson’s bravery in the face of a dysfunctional immigration system has been inspirational,” said Burgess.
She urged the new government to simplify the system to avoid “many more” like Shardey being forced into “an endless cycle of applications, bureaucracy, and expensive fees.”
Shardey’s sons, Aaron and Jacob, said his victory “means the absolute world to us.”
“We are so grateful to our legal team and everyone who supported us. From sharing our story to donating, we cannot thank you enough,” they added.
The family will donate the money raised to three charities: The Boaz Trust, Clatterbridge Cancer Charity, and Wirral Foodbank.
A Home Office spokesperson said officials were working with Shardey to process his application for indefinite leave to remain.
“We apologize for any inconvenience and distress caused,” the spokesperson added.
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