A French woman has told how she was left “heartbroken” about her life in the UK after losing her job in Shropshire due to confusion over the post-Brexit immigration process for EU nationals. Ta.
Sophie, who is married to a British man, lived in the UK for five years before leaving the EU, but returned to France for 18 months in 2020 following a family tragedy.
Under the EU Withdrawal Agreement, the rights of British nationals in Europe and EU nationals in the UK to live and work in their country of residence prior to leaving the EU are protected.
When Sophie finally applied to the EU Settlement Scheme (EUSS) in early 2022, she knew she had missed the June 2021 deadline, but on the government's website she found that the deadline had been missed. I was also aware that applications for late deadlines are being considered if there are “reasons”.
However, her application in early 2022 was rejected on the grounds that she was “not able to prove clearly enough” that “while I was in France, I continued to live with my husband and things got a bit confusing”.
Based on legal advice, she decided to formally launch an appeal through the asylum and immigration court system. This is a route open to all EU nationals applying for EUSS.
She knew something was wrong when she did not receive her application certificate, a document confirming her right to work and live in the UK while her EUSS application was being considered.
Nevertheless, through a 'share code', a digital identification number issued to applicants by the Ministry of Interior, she was able to prove her right to work and was able to get a job at a logistics company near her home. .
“I never had any particular problems. I just waited patiently for an answer. My employer used a shared code to do a right to work check and I immediately received a positive We got the results.
“It was only valid for six months, so it was renewed again in July, but the right to work test was carried out again in early December 2023, and it was found that I did not have the right to work.”
Sophie received shocking news as employers face £20,000 fines for employing illegal workers. She said: “They said they had to let me go. They said, 'This is your job and there's nothing you can do about it,' but in the meantime I was effectively fired.” Told.
“It’s a little tough because we haven’t made any money since December and we’re in the middle of a cost-of-living crisis.
“To be honest, it's heartbreaking. I've loved Britain since I was a child and that's why I came here. This situation seems dangerous, but I'm willing to work to contribute to society. It's also stupid because I want to work. I want to have autonomy, but I don't want to claim benefits. But they won't let me.”
The Guardian contacted the Home Office last week and found that Sophie may have applied through the wrong EUSS route. She should have applied for the EU settlement scheme itself rather than her family permit. This is because it is designed for relatives joining her EU nationals in the UK from abroad.
This may also explain why she was not issued a certificate of application. She has sought legal advice and applied for the EU Settlement Scheme, hoping that her late application will be approved.
“For the past two years, I have never had a caseworker, no contacts, no guidance about my rights. I feel like this whole system is set up to fail and push people into the paid visa route. ” she said.
A Home Office spokesperson said: “More than two years have passed since the widely publicized main deadline for applications for the EU Settlement Plan. In accordance with the Citizens' Rights Agreement, late applications from those who have reasonable excuses for late application will now be closed. We will continue to accept and consider the matter.”
