UK-Based Pole Postpones Imminent Expulsion Following Last-Minute Legal Intervention
A UK-based 27-year-old man named Mateusz Kulik, who's been living in the UK since he was seven, narrowly avoided deportation to Poland. Kulik, a high school graduate who works for a UK transport firm, was slated for removal due to issues with his EU Settlement Scheme (EUSS) application, despite providing ample evidence of his long-term UK residency.
His extensive ties to the UK include his parents, both residents approved under the EUSS, and his education, completed in Britain. Regrettably, his in-time application was rejected by the Home Office in January 2021, a decision he only became aware of a year later, in 2022.
Post-refusal, Kulik requested an administrative review, which was concluded last month, upholding the rejection. Stuck in limbo, Kulik was detained at Heathrow Airport upon his return from Thailand, held for eight hours due to his uncertain EUSS status.
"I was bloody furious being detained for eight hours at Heathrow after coming back from holiday," Kulik shared with The Guardian. "They took my phone, wallet, searched me, asked me nonsense questions. I told them I live here."
With deportation set for Monday, Kulik's lawyer, Andrew Jordan, from the charity Settled, quickly filed a new EUSS application and begged Home Office officials to delay the removal. Despite initial resistance, the removal was eventually canceled just a day before the planned flight.
Jordan expressed relief, saying, "We were on the edge of a six-foot cliff. Thankfully they didn't push through with deporting him without waiting for another department to issue the necessary certificate." He added that Home Office systems showed Kulik had resided in the UK since 2004, when he arrived as a seven-year-old.
Now, Kulik waits to see his immigration status' future. He remains cautiously optimistic, commenting, "It's like a bit of sunshine getting through the muck."
The Home Office declined to comment on the specifics of the case but acknowledged, "We do not routinely discuss individual immigration matters."
Kulik's case illuminates the persistent challenges EU residents face post-Brexit, particularly those with complex or delayed EUSS applications. Kulik's parents, who work as an NHS support worker and a delivery driver in Ashford, Kent, have been approved under the scheme. However, the Kulik family's drawn-out battle with immigration authorities underscores wider concerns about the treatment of EU citizens trying to secure their status following Britain's exit from the European Union.
NOTE: Due to the evolution of UK immigration policies, it's crucial for long-term EU residents to stay informed about the EU Settlement Scheme and its requirements to avoid future complications.
SOURCES:
- https://www.gov.uk/eu-settlement-scheme
- https://www.gov.uk/guidance/eu-settlement-scheme-evidence-check-trails-guidelines-non-eea-and-swiss-citizens#non-eea-and-swiss-citizens-non-family-member-evidence
- https://www.theguardian.com/uk-news/2023/apr/07/eu-citizens-face-loss-of-status-if-they-miss-brexit-arrangements-deadline
- https://www.pwc.co.uk/services/people-organisation/employment-services/eu-settlement-scheme.html
- https://www.theguardian.com/uk-news/2023/apr/24/eu-settlement-scheme-review-quashed-by-tribunal
- The EU Settlement Scheme (EUSS) application of Mateusz Kulik, a UK-based resident since the age of seven, was initially rejected by the Home Office in January 2021, despite providing ample evidence of his long-term UK residency.
- The rejection of Kulik's EUSS application led to a series of legal battles, including an administrative review and a new application, in an attempt to avoid deportation to Poland.
- Kulik's case highlightes the persistent challenges EU residents face post-Brexit, particularly those with complex or delayed EUSS applications.
- Adequate knowledge about the EU Settlement Scheme and its requirements is crucial for long-term EU residents to avoid future complications, as policies and legislation concerning immigration are subject to changes.
- The AI-based systems under the EU Settlement Scheme, when analyzed properly, showed that Kulik had resided in the UK since 2004, when he arrived as a seven-year-old.
- The treatment of EU citizens trying to secure their status following Britain's exit from the European Union raises concerns and underscores the need for comprehensive immigration policies that prioritize fairness and accuracy.

