In a troubling development, EU citizens residing in the UK have been facing removal from the country even while their applications for post-Brexit residency remain pending. The situation has arisen due to a significant backlog at the Home Office in processing these crucial applications, leaving many in a state of limbo and uncertainty about their future in the UK.
Watchdog Demands Clarity on Re-Entry Rights
The Independent Monitoring Authority (IMA), a statutory body tasked with overseeing the rights of EU citizens in the UK post-Brexit, has taken notice of this alarming trend. In response, the IMA has written to the Home Office, demanding clarity on the legal right of these individuals to go on holiday or visit family abroad while their residency applications remain under consideration.
The move comes after several high-profile cases have come to light, involving EU citizens being denied re-entry to the UK or even facing removal directions upon their return from trips abroad. This has occurred despite these individuals possessing a valid “certificate of application” issued by the Home Office, which is meant to provide evidence of their entitlement to remain in the country while their case is being processed.
The Plight of EU Citizens Caught in the Backlog
One such case involves a Greek Cypriot who was removed from Scotland last month, even though the Home Office had informed him that it could take up to two years for his application for pre-settled status to be considered due to the backlog. The individual expressed his frustration at the unfairness of effectively being unable to visit family for years while supposedly having his rights protected under the UK-EU withdrawal agreement.
“All I am asking is that EU citizens be given a chance and that the due process of the law be allowed to take its full course,” stated the individual’s lawyer, Andrew Jordan.
Another case in January saw a Spanish woman removed from the UK after making a Christmas trip to Spain to see her family and newborn niece. Despite having applied for residency, she found herself caught in the Home Office backlog and denied re-entry upon her return.
The Importance of the Certificate of Application
The IMA has acknowledged that while the certificate of application issued by the Home Office does not confirm an individual’s immigration status under the EU Settlement Scheme, it can be used to evidence the temporary protection of their rights while their application or an administrative review of a negative decision is pending.
Under the law, those who are turned away by a Home Office administrative review are entitled to further appeal the decision at a tribunal. However, the backlog in processing applications has left many EU citizens unable to exercise this right and facing the prospect of prolonged separation from their families and lives in the UK.
Calls for Swift Action and Resolution
The IMA’s demand for clarity from the Home Office on the re-entry rights of EU citizens with pending applications has raised hopes that a resolution may be forthcoming. However, for those currently caught in the backlog and facing the threat of removal, the situation remains dire.
Advocacy groups and legal experts are calling for swift action to address the backlog and ensure that the rights of EU citizens, as guaranteed under the UK-EU withdrawal agreement, are upheld. They argue that leaving individuals in a state of prolonged uncertainty and denying them the ability to travel freely is a violation of the spirit, if not the letter, of the agreement.
As the IMA awaits a response from the Home Office, the fate of countless EU citizens residing in the UK hangs in the balance. For many, the hope is that clarity and common sense will prevail, allowing them to continue their lives in the country they have called home without fear of sudden removal or prolonged separation from their loved ones.
The situation serves as a stark reminder of the human impact of bureaucratic backlogs and the importance of upholding the rights of individuals caught in the complex web of post-Brexit immigration policies. As the UK and EU continue to navigate their new relationship, it is crucial that the lives and well-being of those most directly affected are not forgotten or sacrificed in the process.
