UK Resident Following Polish Birth Escapes Last-Minute Deportation Order
A Brexit-era Predicament: Dealings with the UK Immigration System
A Polish gentleman, Mateusz Kulik, who migrated to the UK at the tender age of seven, was granted a reprieve from deportation to Poland at the eleventh hour. Kulik, now 27, faced deportation due to issues with his EU Settlement Scheme (EUSS) application, despite providing substantial documentation to prove his long-standing residency.
Kulik, who completed his education in the UK and works for a UK transport company, handling customs documents for goods exported to the EU, possesses solid ties to his adopted home. His parents have also been approved under the EUSS, highlighting their shared British life. However, Kulik's application, initially submitted years prior in January 2021, was denied by the Home Office, without notification until 2022.
The denied application led to an administrative review that concluded in September 2022. Unsurprisingly, the review upheld the denial, leaving Kulik in a precarious immigration situation. This uncertainty culminated in his detention at Heathrow Airport following a holiday in Thailand, where he was held for eight hours due to a lack of confirmed EUSS status.
Upon learning of the scheduled deportation, Kulik's legal representative, Andrew Jordan, from the charity Settled, quickly submitted a new application for EUSS and requested a delay in the removal process. Despite initial resistance, the Home Office eventually relented and canceled the deportation on Sunday, just a day before Kulik's scheduled flight.
Andrew Jordan, expressing relief at the decision, stated that the Home Office's systems showed evidence that Kulik had been living in the UK since 2004. Kulik now awaits his immigration status resolution, expressing cautious optimism, "I feel that a little bit of sun is shining through the clouds."
The Home Office, notoriously tight-lipped about individual immigration matters, declined to comment on the specifics of Kulik's case.
Kulik's tumultuous immigration saga underscores the ongoing challenges faced by long-term EU residents in the UK post-Brexit. Particularly those with complex or delayed applications to the EUSS, facing tough realities and a murky post-Brexit immigration landscape.
EU Citizen Struggles in the UK: A Closer Look
Timely Applications and Late Submissions
- Deadline: The application deadline for most EUSS applicants was 30 June 2021.
- Post-August 2023: Late applications are subject to stricter criteria, requiring "reasonable grounds" for delays; applications without such grounds may be invalidated, thereby precluding appeals.
Reasonable Grounds for Late Applications
- Definition: Reasonable grounds include insufficient awareness about the scheme or extraordinary personal circumstances hindering timely application.
- Evidence: Applicants must present well-documented evidence to justify their claims of reasonable grounds.
Complex Family Situations
- Challenges: Applicants with non-EEA family members may encounter obstacles, such as requiring proof of entitlement.
- Relevant Documents: In certain instances, family members may rely on letters from the Secretary of State to corroborate their eligibility.
Appeals and Administrative Reviews
- Limited Appeal Options: Failed late applications post-August 2023 can no longer be appealed if deemed invalid due to insufficient reasonable grounds.
- Administrative Reviews: This remedy has been unavailable for most late applications, limiting options for applicants.
Bureaucratic and Legal Complexities
- Casework Complexity: Applicants often experience confusion due to evolving rules and the stringent documentation requirements, adding complexity to the application process.
- Support and Guidance: Many applicants require professional advice to surmount these challenges effectively.
Impact on Employment and Residency
- Certificate of Application: The absence of a Certificate of Application may pose difficulties in demonstrating the right to work, leading to employment and residency issues.
- Uncertainty: Ongoing uncertainty regarding future immigration policies and potential changes can cause stress among EUSS applicants.
These challenges underscore the importance of clear guidance and support for EU residents navigating the post-Brexit landscape in the UK.
- The UK immigration saga of Mateusz Kulik, a Polish resident who migrated to the UK at a young age, highlights the ongoing challenges faced by long-term EU residents in the UK post-Brexit.
- The application deadline for most EU Settlement Scheme (EUSS) applicants was 30 June 2021, and late applications are subject to stricter criteria as of August 2023, requiring "reasonable grounds" for delays.
- Applicants must present well-documented evidence to justify their claims of reasonable grounds, such as insufficient awareness about the scheme or extraordinary personal circumstances hindering timely application.
- Kulik's initial EUSS application was denied by the Home Office in 2022, leading to an administrative review in September 2022 and a subsequent detention at Heathrow Airport due to a lack of confirmed EUSS status.
- In complex family situations, applicants with non-EEA family members may encounter obstacles, such as requiring proof of entitlement; in certain instances, family members may rely on letters from the Secretary of State to corroborate their eligibility.
- Ongoing uncertainty regarding future immigration policies and potential changes can cause stress among EUSS applicants, as demonstrated by Kulik's tumultuous immigration saga, which underscores the importance of clear guidance and support for EU residents navigating the post-Brexit landscape in the UK.
