27 Dec, 2023
An Italian environmental technology investor, residing in the UK for over a decade, faces potential removal despite holding what she believed to be a ‘permanent residency’ card post-Brexit. She, among many EU citizens, was unaware of the changed Home Office rules in 2019, mandating a switch to a different scheme called the EU settlement. Silvana, using an alias for privacy, realized her permanent residency card was invalid when attempting to renew her daughter’s European health insurance card (Ehic) for a summer holiday. She underwent a series of rejections for various applications before being directed to apply for the EU settlement scheme, which officially closed in June 2021 but allowed late applications under certain grounds.
The government's alteration of the definition of "reasonable grounds" on August 9 excluded "lack of awareness" of the EU settlement scheme as a justifiable reason for late application. Silvana, deeply integrated into the UK with strong academic and investment ties, had applied for permanent residency in 2016, primarily aiming to navigate the path towards British citizenship, a plan she later abandoned due to financial constraints.
Expressing her dismay, Silvana emphasized, “The permanent residency card doesn’t have an expiry date. I’m aware of what’s going on in the world, I am not stupid. I read the guidelines at the time. There was nothing to suggest my card was invalid.”
The plight of individuals like Silvana raises concerns about thousands of EU citizens who might have unknowingly fallen outside the system due to changes post-Brexit, leaving them vulnerable. Silvana, amidst a web of confusion, alleged receiving false and inaccurate information from Home Office personnel, exacerbating her situation. She also highlighted the exploitation by legal professionals who lacked a complete understanding of the circumstances. Moreover, she noted the absence of guidance from the Home Office to seek support from relevant charities or advice centers tailored to the needs of Italian nationals in the UK.
The Home Office, in response, emphasized the cessation of validity for permanent residency documents post the June 2021 deadline and reiterated the acceptance of late applications based on reasonable grounds.
Silvana’s situation spotlights the complex challenges faced by EU citizens post-Brexit, reflecting the uncertainties and gaps in the system, further fueling criticism of the Home Office’s handling of these circumstances.
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