A 74-year-old retired Ghanaian man who has lived in the UK for nearly 50 years must wait another decade before the Home Office will grant him permanent residency.
Nelson Shardey, from Wallasey in Wirral, believed for many years that he was officially recognized as British. He only discovered otherwise in 2019 and, despite having paid taxes throughout his adult life, now faces the prospect of paying thousands of pounds to remain in the UK and access the NHS.
The Home Office declined to comment on the ongoing legal case.
Retired newsagent Mr. Shardey first arrived in the UK in 1977 to study accountancy on a student visa that also permitted him to work. Following a coup in Ghana, his family could no longer send money for his fees. He took on various jobs, such as making Mother’s Pride bread and Kipling’s Cakes near Southampton, and Bendick’s Chocolate in Winchester. During this time, his right to live and work in the UK was never questioned.
He married a British woman and moved to Wallasey, where he ran his own business, a newsagent called Nelson’s News. After that marriage ended, he married another British woman, and they had two sons, Jacob and Aaron.
“I tried my utmost to educate them the best way I could, so that neither of them would depend on social or anything,” said Mr. Shardey. He advised his sons to “study hard, get a good job, and work for themselves,” and both went on to university and established careers as a research scientist and a public relations executive.
Mr. Shardey stated that he had never left the UK, as he considered it his home and saw no need to leave. “Nobody questioned me. I bought everything on credit, even my house. I got a mortgage, and nobody asked me about anything,” he said.
Mr. Shardey has also served on a jury and, in 2007, received a police award for bravery after confronting a robber who was attacking a delivery man with a baseball bat.
In 2019, when Mr. Shardey applied for a passport to visit Ghana after his mother’s death, he was informed that he was not considered British and had no right to stay in the UK. The Home Office advised him to apply for the 10-year route to settlement, which costs about £7,000, plus an additional £10,500 over the same period to access the NHS.
“I cannot afford any part of the money they are asking,” said Mr. Shardey, who is recovering from prostate cancer. “Telling me to go through that route is a punishment, and it’s not fair in any way. I don’t understand why there’s such a fuss because I’ve devoted my entire life to this country.”
Two years ago, when trying to extend his stay online, Mr. Shardey filled out the wrong form, forcing the 10-year process to restart in 2023. Consequently, he will not be allowed to stay in the UK permanently until he is 84. “I just thought it was a joke. It’s just ridiculous,” said his son Jacob, a cardiovascular physiology researcher. “Why would he need to start this 10-year route when he’s been here since 1977? He’s been here longer than the Home Office staff handling his case have been alive.”
With the help of Nicola Burgess, a lawyer at the Greater Manchester Immigration Aid Unit (GMIAU), Mr. Shardey is now taking the Home Office to court. His sons are trying to fund the case through crowdfunding, arguing that the Home Office should have made an exception for him due to his long residence in the UK, his bravery award, and his service to the community.
“We know that at least one caseworker has reviewed his file and suggested he should be granted indefinite leave to remain because of the exceptional circumstances,” said Ms. Burgess. “If Nelson were your friend or neighbor, you would undoubtedly agree that he should be given the immediate right to settle.”
A Home Office spokesman commented, “It would be inappropriate to comment on active legal proceedings.”