After nearly five decades of calling the UK his home, a retired retailer has been told he can stay, despite being told he was not British.
“Local legend” Nelson Shardey ran Nelsons News on Borough Road in Wirral, Merseyside, for over three decades from 1991 to 2022 and has lived in the UK since 1977.
In 2019, his story took a heart-wrenching turn when he applied for a passport so he could go back to Ghana following the death of his mother. To his shock, he was told he was not British and had no right to be in the UK.
The Home Office told him instead he needed to start the 10-year route to settlement. Nelson hit headlines in May when he spoke out about his treatment by the Home Office, who had denied him indefinite leave to remain.
His story went viral and was reported in almost all major outlets in the UK, including the BBC and This Morning, and even international news outlets.
Many people shared their support for Nelson and their shock at how he was being treated on social media. Meanwhile, Nelson’s legal case was heading for a court hearing, which meant financial risk for the family. If the case went to court and they lost, they would have to pay the Home Office’s legal fees, which were likely to come to tens of thousands of pounds.
For that reason, Nelson and his family started a GoFundMe with a £20,000 target and donations poured into the GoFundMe, totalling over £47,000.
Represented by the Greater Manchester Immigration Aid Unit (GMIAU), Nelson’s case was set to go to court.
However, the Home Office has now backed down, acknowledging the exceptional nature of the case and granting him Indefinite Leave to Remain (IRL) “outside the box rules”, without the payment of a fee.
His case against the Home Office argued he should be considered an exception because of his long residence in the UK, his bravery award and his commitment to serving his community.
In 2007 Nelson was given a police award for bravery after tackling a robber who was attacking a delivery man with a baseball bat.
“When I heard the news that I would be granted Indefinite Leave to Remain here, I was overwhelmed, and very very very happy. I was so relieved that in the end, we have won the battle,” explained Nelson.
Nicola Burgess from GMIAU, Nelson’s solicitor, expressed that it has been one of the privileges of her career to work with Nelson and his sons: “I am thrilled that he will now be granted ILR so that he has security and certainty in his retirement. It wasn’t an easy process to get here: incorrect applications, a lack of legal advice, wrong information from the Home Office and 2 previous refusals to grant ILR. Despite this and despite the considerable financial risk to Nelson and his family he made the decision to fight on and speak out about the injustice he has experienced.
”Nelson’s bravery in the face of a dysfunctional immigration system has been inspirational”
GMIAU has called on the new government to commit to shortening and making the route easier to avoid “many more Nelsons” who are forced into “an endless cycle of applications, bureaucracy and expensive fees”.
The unit’s research has shown that the 10-year route causes financial hardship, housing and employment insecurity. As well as causing a negative impact on people’s mental health, relationships and family life, affecting whole families.
It also found that people are vulnerable to “falling off” the route and losing their status completely.
Nelson added: “Now we hope to win the war: for the authorities to agree that the 10-year route is inhuman, and abolish it or shorten it”.
Nelson’s sons Aaron and Jacob Shardey have announced that all donations raised will be divided among Nelson’s three chosen charities: Clatterbridge Cancer Charity, the Boaz Trust and the Wirral Foodbank.
“Dad’s victory means the absolute world to us. We are so grateful to our legal team at the Greater Manchester Immigration Aid Unit and to everyone who supported us throughout this process - from sharing our story to donating, we cannot thank you enough,” they said.
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