This from the Guardian explains the position very clearly and TMs disgraceful behaviour re the 2014 Act and removal of the clause. Only 16 MPs voted against this at the time and there are no prizes for guessing at least one of them.
‘The onus is on individuals to prove they were resident in the UK before 1 January 1973, the date the 1971 Immigration Act came into force. However, a key clause from 1999 legislation, which had provided longstanding Commonwealth residents with protection from enforced removal, was deleted from the 2014 Immigration Act. The government did not announce the removal of this clause, nor did it consult on the potential ramifications.
Some Commonwealth citizens were given temporary permission to work in the UK or arrived as students before 1973. They are likely to have been born in the late 1940s or early 1950s and are now of pensionable age. As a result of the government’s “hostile environment” policies requiring landlords, the NHS and other bodies to check people’s immigration status, these cases have started to come to light.
Children of the Windrush generation – those invited by the British government to work in the UK after the second world war – were automatically entitled to settled status under the Commonwealth Immigrants Act 1962, provided they had documentation that satisfied the Home Office. There is no equivalent clause specifically protecting Commonwealth citizens granted limited status before January 1973, such as students or people who came on temporary work visas
All longstanding Commonwealth residents were protected from enforced removal by a specific exemption in the 1999 Immigration and Asylum Act – a clause removed in the updated 2014 legislation.
Frances Webber, a former barrister and vice-chair of the Institute of Race Relations, discovered the deletion of the clause. “I find it very frightening that rights can be removed in this way, surreptitiously, with no debate,” she said.