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Home Office Reverses Decision, Grants Polish Woman Right to Stay in the UK

A Polish woman, Elzbieta Olszewska, has successfully secured permission to remain in the UK after her initial application was rejected due to a clerical error involving an online form. At 80 years old, Olszewska’s journey to residency took an unexpected turn, but her family’s determination and media attention played vital roles in the resolution of her case.

Before relocating to the UK in September, Olszewska lived alone in Warsaw, Poland. Her son, Michal Olszewski, a 52-year-old dual British-Polish citizen and aeronautical engineer, made frequent trips to support her as her health declined. Desiring to provide her with proper care, he invited her to move to Lincoln, where he resides with his wife.

Upon her arrival in the UK, Olszewska entered on a six-month visitor visa. Shortly afterward, her family submitted a correct application for her to gain permanent residency. However, on March 25, 2023, the Home Office informed them that the application was invalid because it had been submitted online rather than using the required paper form.

The Home Office’s communication emphasized that there was no right of appeal for invalid applications, leading to a distressing situation for Olszewska, whose visitor visa had expired, leaving her at risk of overstaying her welcome in the UK. The letter warned of severe consequences, including detention, fines, imprisonment, and a ban on returning to the UK.

The case drew attention after being reported by the Guardian, prompting the Home Office to correspond with the family after considerable public interest. They were sent the correct paper form, which Olszewska quickly completed and returned. Remarkably, within days, her application was approved, granting her five years of pre-settled status under the EU settlement scheme.

The Home Office’s new communication was a stark contrast to the previous one, filled with positivity and confirmation of Olszewska’s rights to work, access the NHS, and pursue education in the UK.

This case has resonated widely, receiving significant media coverage in both the UK and Poland. In a gesture of goodwill and solidarity, a British man even proposed marriage to Olszewska, stating that his intention was to highlight Polish-British friendship rather than seek a romantic relationship.

Reflecting on the resolution, Olszewski expressed his relief, stating, “I’m so happy that this long journey with the Home Office has now ended and the case has been positively resolved. The whole thing has been exhausting but my mother is very happy about the new decision.”

Katherine Smith, the immigration adviser representing the family from Redwing Immigration, praised the swift action taken by the Home Office following the submission of the new application. She noted that the family is now able to remain together, which is a great relief and joy for all involved.

As of now, the Home Office has been approached for further comments regarding the procedure and implications of this case.

Source
www.theguardian.com