People facing expulsion from the UK while waiting to apply to remain after leaving the EU came after statutory bodies wrote to the Home Office calling for clarity on their legal rights to holidays and family visits. Expectations are rising for EU citizens. abroad.
The move comes after a number of cases were revealed involving EU nationals being deported when they returned to the UK after visiting abroad.
Among them is a Greek Cypriot, who was told by the Home Office that due to a backlog it could take another two years for his application for pre-settlement status to be considered after Brexit. However, he was expelled from Scotland last month.
He said at the time that it was unfair to leave people whose rights were effectively protected under the UK-EU withdrawal agreement without being able to see their families for years.
The independent watchdog announced on Monday that it had written to the Home Office about a number of concerns, including the status of the “application certificate” issued by the Home Office to give EU nationals evidence of their employer, landlord or NHS. They have the right to remain in the country while their case is pending.
“After receiving information that nationals with a valid Certificate of Application (CoA) were having problems at the UK border, including being refused entry to the UK or being given removal instructions, the IMA contacted the Home Office. “This includes an administrative review of the pending application.”
The IMA said that while a CoA “does not confirm that the person has UK residency status under the EU Settlement Scheme”, it may be used temporarily during an application or during an administrative review of a negative decision. He said it could be used to prove that rights are protected. On hold.
Under the law, those denied an administrative review by the Home Office still have the right to further appeal in court.
Kosta Kousiapis' initial application for pre-settled status, which is given to people who have lived in the country for less than five years before leaving the EU, was refused, but he immediately requested an administrative review.
He was detained at Edinburgh Airport and despite presenting his ID and telling Border Force officers that he had a job and a flat, Border Force officers ordered him to leave.
His lawyer, Andrew Jordan, said at the time that what he wanted was for his client and other EU nationals to be “given a chance” and to be allowed full due process of law. That was all he said.
In January, a Spanish woman was deported after taking a Christmas trip to Spain to meet her family and her newborn niece.
