Portuguese Family Faces UK Removal Amid Settled Status Application Process

A Portuguese national and his three offspring are at risk of deportation from the United Kingdom, notwithstanding their pending application for settled status. Jose Baptista and his children, residents of Byker, Newcastle, have received removal notices from the Home Office, despite the fact that their applications for pre-settled status remain unresolved. Following the implementation of post-Brexit regulations, citizens of the European Union are required to apply for permission to remain in the UK; however, they retain the right to employment, residency, and education while their immigration status is under review. The Home Office stated its policy of refraining from commenting on specific individual cases. Mr Baptista, employed at a restaurant in Newcastle, expressed that he was “very stressed” regarding the removal notices. Subsequent to the United Kingdom’s withdrawal from the European Union, EU citizens and their families residing and working in the UK no longer possess an inherent right to do so, as the principle of freedom of movement has ceased. Instead, they are mandated to seek legal authorization to stay through the mechanism known as the EU Settlement Scheme (EUSS). The family, who have resided in the UK since July 2020, received these orders at Edinburgh Airport upon their return from a vacation on 3 September. Border Force personnel detained and interrogated Mr Baptista concerning his immigration status. Mr Baptista’s detention was partly attributed to a change in Home Office guidance in July, which began advising applicants against travel while their settled status applications were still pending. Prior to July, the government had informed applicants that they could travel without restriction, provided they met “usual immigration customs and health checks”. Chris Boyle, from the North East Law Centre, who is assisting Mr Baptista and his family, stated that applicants were not informed of this policy alteration. “Even lawyers may not be aware of it because there are so many guidance documents,” he commented. At the airport, Border Force asserted that Mr Baptista lacked sufficient proof of residency in the country prior to 31 December 2020, which was the application cut-off date established by the government. Mr Baptista and his three children, for whom he had not yet submitted a pre-settled status application, were issued a three-day deadline to depart the country. However, Mr Boyle contended that airport personnel had entirely disregarded the fact that UK Visas and Immigration (UKVI) and a judicial authority had previously acknowledged Mr Baptista’s residency in the country before the specified cut-off date. This acknowledgment had occurred when Mr Baptista was compelled to appeal a prior application. “How are they able to overrule that decision?” he questioned. Mr Boyle remarked that the departure would be especially disruptive for Mr Baptista’s children. “It is halfway through the school year,” he added. Settled status applications are currently awaiting decision for the whole family. The risk of deportation “hangs” over all of them, according to Mr Boyle. Information regarding BBC North East is available on X, Facebook, Nextdoor, and Instagram. Story ideas can be submitted to northeastandcumbria@bbc.co.uk. Copyright 2024 BBC. All rights reserved. The BBC disclaims responsibility for the content of external websites. Details concerning the BBC’s approach to external linking are accessible.