British-born 22-Year-Old Woman Battles Deportation Despite Lifelong Residency

Emma, a 22-year-old who has lived her entire life in the UK, was confronted with an unexpected and daunting reality when her application for a British passport was declined, a situation that has left her facing the possibility of deportation to Portugal, a country she has never called home. Born in the UK to a Portuguese mother, Emma grew up believing she was a British citizen, a belief reinforced by her British birth certificate and her lifelong residence in the country.

The predicament arose in the aftermath of Brexit, which necessitated EU citizens residing in the UK to apply for settled status by June 30, 2021, to secure their right to stay indefinitely. Emma, however, missed this crucial deadline, a misstep that came to light when she pursued a career as a care worker, a job that required proof of her right to work in the UK.

Skynews reports that Emma’s situation is particularly dire as she is unable to appeal the decision made by the Home Office, leaving her vulnerable to removal from the UK. The rejection letter she received was a stark notification of her precarious status, suggesting she prepare to leave the country. The prospect of deportation carries the heavy burden of separation from her family and the daunting challenge of starting anew in a foreign land.

Despite her mother successfully acquiring settled status, Emma finds herself in limbo, unable to engage in basic societal functions such as working, opening a bank account, renting a property, or accessing secondary NHS care. She has been advised to reapply for settled status, providing additional evidence to support her case, yet this process offers no immediate relief from her current predicament.

The Home Office has stated that Emma’s initial application lacked the “sufficient information or evidence” to substantiate her claims of British citizenship or her right to reside in the UK. Moreover, the authorities questioned the “genuine and subsisting parental relationship” with her mother, who has obtained British citizenship through naturalization.

Emma’s ordeal is far from isolated. Recent statistics reveal a significant increase in the number of invalid applications for settled status, with more than 13,000 cases reported in September 2023 alone. The tightening of application criteria by the Home Office has exacerbated the situation, demanding late applicants to demonstrate “compelling or compassionate reasons” for their delay.

The Work Rights Centre, a charity assisting EU citizens with their immigration status, has taken up Emma’s cause, highlighting the “shocking” and “heartbreaking” nature of her case. Luke Piper, the charity’s head of immigration, criticizes the Home Office’s rigid and unwelcoming approach, arguing that Emma and others like her have been unjustly left in a state of uncertainty.

Piper advocates for a more compassionate and sensible response from the Home Office, urging the authorities to recognize Emma as a British citizen and expedite her settled status application. He also calls for an extension of the deadline for late applicants and enhanced support and guidance for those struggling to establish their residency rights.

Feeling “lost and scared,” Emma expresses her profound connection to the UK, her home, where her life, relationships, and memories reside. With no experience of Portugal, her supposed homeland, Emma’s hope lies in the Home Office reconsidering its stance, allowing her to remain in the country she loves and considers her own.