Maria (not her real name) was detained at Luton Airport after spending the Christmas holidays in her native Spain.
advertisementA Spanish woman was deported from the UK after returning from a Christmas holiday in Malaga, despite submitting the necessary Brexit documents showing her right to live and work in the UK.
The 34-year-old was detained overnight at Luton Airport before being flown back to Spain on Boxing Day.
Border officers reportedly told her it was a “waste of time” if she thought Home Office documents showing her right to stay in the UK would allow her entry.
“My sister had a little girl, so I went home and literally four days later at Luton airport they took me to a detention room, took my luggage and my phone and made me wait there. “I told the Guardian,” Maria (not her real name) told the Guardian.
“I was left there all night and then put on a plane.”
Maria’s husband flew to Spain to help his wife after being told by British border officials not to re-enter the UK for at least a month.
“I was supposed to go back to work, but now my life is over. All my things are in England: my dog, my car. I’m doing my dream veterinary nurse apprenticeship. “If I tried to go back, it would be even worse,” she said.
The incident highlights some of the problems faced by EU nationals who have not yet completed their applications to remain in the UK after the Withdrawal Agreement.
The Spaniards had delayed applying to the EU Settlement Scheme in 2023.
However, her application was rejected in June for not providing sufficient evidence.
She then requested an administrative review of the decision and received a Certificate of Application (CoA) from the Home Office.
The certificate states: “You can work in the UK until you receive a decision on your application to the EU Settlement Scheme.”
Maria lived in the UK from 2014 to 2018 and only recently returned to the UK after a stint in South Africa. Due to the coronavirus lockdown, she and her husband were unable to return home early.
Under current rules, Maria must prove that her withdrawal from the UK will not be long enough to override her rights under the Withdrawal Agreement.
Border guards refused her entry due to her “application to the EUSS”. [EU Settlement Scheme] It was refused,” the Guardian reported.
It also states: “There is no longer any right of entry into the United Kingdom preserved by the Citizens’ Rights (Application Deadline and Temporary Protection) Regulations 2020.”
Maria denies this, insisting that her current application certificate only specifies her right to work in the UK while it is under review.
She is now seeking legal advice and says she is prepared to escalate the case to the Home Office.
advertisementThe Home Office has previously said the problem for those seeking to enter the country with a CoA is not the right to work, but proving evidence that they have the right to stay in the country.
They say people refused entry at the border will be “liable for detention until removed from the port and the UK”.
The Home Office added that this situation was “not the same as being subject to a deportation order which, although valid, prevents re-entry to the UK”.
The CoA does not grant EU nationals the right to travel within or outside the country, they continued.
Since December 2020, authorities have been entitled to ask CoA holders for further proof of UK residency upon arrival at the border.
advertisement“The Border Force’s first priority is to keep our borders secure and we will never compromise on this,” the Home Office was quoted as saying by the Guardian.