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A Polish woman faces deportation after the Home Office rejected her application to remain in the UK, claiming it was improperly submitted online rather than on paper.
Elzbieta Olszewska, aged 80, moved to the UK last September from Warsaw, where she had been living alone. Her son, Michal Olszewski, 52, an aeronautical engineer based in Lincoln, had been visiting Poland regularly to provide support for her as her health declined.
Michal, who has lived in the UK since 2006 and is now a British citizen with dual Polish citizenship, sought to bring his mother to the UK through the legal settlement scheme available for family members of British citizens. This pathway allows individuals in similar situations to secure residency for their parents.
Olszewska entered the UK on a six-month visitor visa, and her visa was still valid when her application for permanent residency was submitted shortly after her arrival. However, the family did not hear back from the Home Office for months.
On March 25, the response from the Home Office arrived, stating that the application was deemed invalid due to the use of an online form instead of the required paper application. The communication indicated that there was no appeal process available for an invalid application.
In its rejection, the Home Office noted that Olszewska no longer has the right to remain in the UK since her visitor visa has lapsed. The letter outlined serious potential consequences for unlawful stay, including detention, fines, imprisonment, and eventual removal from the country.
To submit a valid paper application, individuals must request a specific form from the Home Office, which will then customize it with the applicant’s details. The form must be printed, filled out manually, and sent back via post. While the Home Office is transitioning to a more digital system, it appears that some applications still necessitate traditional paper forms, a fact that many may not be aware of.
Olszewski expressed his frustration, stating, “This is a significant failure on the part of the Home Office. After nearly six months, they informed us that our application was invalid. My mother is extremely distressed by this situation. I am her only child, and we share a close bond; it’s important for us to spend her remaining years together.”
He added, “My wife and I are prepared to care for her in our home. I contribute to society through my taxes and consider myself a good citizen. This situation is infuriating. It feels as though the decision-making process resembles something from a less democratic era.”
The family’s lawyer, Katherine Smith from Redwing Immigration, emphasized the severity of the situation, stating, “The consequences of deeming an application invalid are severe. It was overly harsh for the Home Office to reject the online application without allowing time to complete a paper form. Elzbieta now finds herself without legal status in the UK, which has understandably caused her distress.”
Given the absence of an appeal option against the Home Office’s ruling, Smith has indicated her intention to pursue judicial review proceedings.
A spokesperson from the Home Office commented, “It is our policy not to provide details on individual cases.”
Source
www.theguardian.com