UK Resident since Childhood, a Polish National, Secures Last-Minute Deportation Postponement
A bloke named Mateusz Kulik, who's been living in the UK since his tender age of seven, scoring a reprieve at the last moment from the UK immigration inspectors, who planned to chuck him out of the UK and send him back to Poland. Kulik, now 27, found himself in hot water due to some hiccups with his application for the EU Settlement Scheme (EUSS), despite shoving a truckload of documents under the noses of the UK authorities to prove his long-standing residency in the land.
Kulik, who's completed both primary and secondary education in Britain, works for a UK transport company, handling customs docs for the goods exported to the EU. Despite his deep roots in the UK, including his folks who've been approved under the EUSS, Kulik's on-time application was given a thumbs down by the Home Office in January 2021. He didn't even get a heads-up about the rejection until a whole year rolled by, in 2022.
In response, Kulik requested an administrative review, but it took 'em until last month to get their acts together. The review confirmed the denial, leaving Kulik's immigration status in a limbo. This uncertainty led the homeboys in uniform to grab him at Heathrow Airport as he was stepping off a plane from Thailand, on the 18th of September, keeping him locked up for eight hours. Cops cited his lack of confirmed EUSS status as the reason for his detention.
"I was crushed to spend eight hours in a cell at Heathrow airport after getting back from a break," Kulik spilled the beans to The Guardian. "They took my phone, wallet, and questioned me about why I was coming back to the UK. I told 'em, 'cause I live here'. I speak better English than Polish."
With his eviction anticipated for Monday, Kulik's lawyer, Andrew Jordan, from the non-profit Settled, who fight for the rights of EU citizens, submitted a fresh application for the EUSS, begging the Home Office officials to postpone the deportation. While awaiting confirmation that the new application had been received, the cops remained firm in their decision to push through the eviction. However, on Sunday afternoon, just a day before the scheduled flight, the Home Office emailed Jordan with the delightful news that the deportation had been scrapped.
Jordan couldn't hide his glee, stating, "We were gun-shy that they'd press ahead with his removal and not hang tight for another department to issue the necessary certificate of application." He added that the Home Office's system showed credible proof that Kulik had been living in the UK since 2004, when he landed as a seven-year-old.
Kulik now waits with bated breath to see what'll happen next with his immigration status. He wore a cautious smile, saying, "Hearing this, I feel a smidgen of sun poked through the clouds."
In a Brothers Grimm-like move, a Home Office spokesperson declined to comment on the specifics of the case, maintaining the timeworn tradition of not yapping about individual immigration matters.
Kulik's story serves as a stark reminder of the hurdles faced by long-term EU residents in the UK post-Brexit, especially those with intricate or delayed applications to the EUSS. Kulik's parents, who live in Ashford, Kent, and work as an NHS support worker and a delivery driver, have managed to get the nod from the EUSS. However, Kulik's prolonged wrestle with the immigration authorities symbolizes broader concerns about the treatment of EU citizens who are struggling to secure their status after Britain's split from the European Union.
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Ongoing Challenges for Long-term EU Residents in the UK
- Late Applications and Tight Criteria
- Late Submissions: The EUSS officially closed for most applications in June 30, 2021. However, late applications can still be filed if there are convincing reasons for the delay.
- Adhering to Criteria: The Home Office has become stricter in accepting late applications since August 9, 2023[3]. If explanations are deemed flimsy, the application is tossed out, no appeals or reviews allowed.
- Limited Administrative Reviews
- Review Option Cut: The option for administrative review as a means to challenge a rejection has been phased out, adding to applicants' woes[1].
- Timely Submissions and Strong Evidence: Being prompt and presenting a robust case are crucial to avoid involved issues[1][5].
- Documentation and Proof Woes
- Proof Requirements: Applicants need to prove their eligibility and submit compelling evidence to guarantee their claim. This can be tricky for those with atypical circumstances, like family members and those depending on unique docs, such as a letter from the Secretary of State[2].
- Residence and Employment Dilemmas
- Work and Public Services Access: Without a thumbs-up from the EUSS, individuals might face hurdles landing jobs or tapping into public services. This emphasizes the importance of speedy applications and complying with the new strict rules[1][3].
- Navigating Complex Legislation
- Understanding and Compliance: Making sense of the evolving rules and deadlines is taxing, particularly for those without expert advice[3].
Suggestions for Applicants
- Quick Action: File applications pronto to minimize delays and potential complications.
- Compelling Evidence: Ensure all paperwork bolsters the application and presents solid reasons for any delays.
- Consult Professionals: Consulting legal specialists or immigration advisors can help navigate the labyrinthine complexities of the EU Settlement Scheme.
Long-term EU residents in the UK must be ready to tackle these issues head-on to secure their status under the EUSS.
- The ongoing story of Mateusz Kulik, a 27-year-old EU resident living in the UK since age seven, highlights the challenges faced by long-term EU residents in the UK post-Brexit.
- Kulik's application for the EU Settlement Scheme (EUSS) was rejected despite his deep roots in the UK and his completion of primary and secondary education in Britain.
- The rejection led to Kulik's detention at Heathrow Airport and a potential deportation, although this was eventually scrapped after a fresh application submission.
- Kulik's case serves as a stark reminder of the hurdles long-term EU residents face in securing their status under the EUSS.
- The EUSS officially closed for most applications in June 2021, but late applications can still be filed with compelling reasons and strong evidence.
- Delays in applications, strict criteria, limited administrative reviews, documentation and proof issues, residence and employment dilemmas, and navigating complex legislation are all factors that can complicate the application process for long-term EU residents in the UK.
