I am fucked, right? Me against the Home Office

[EuropeanBritInDespair]

Hello everyone,

I'm in a horrible situation. I have name changed for this.

I have dual citizenship. The first citizenship I acquired was when I was born in another European country. I also got British citizenship 18 years ago because one of my parents is British.
I have lived in the UK for many years.

Due to me having a British passport, I didn't apply for the EU settlement scheme.

Yesterday I received a letter from the Home Office informing me that I am an EU citizen and that I didn't apply for the EU settlement scheme. They told me that I have to apply within 28 days. Otherwise, I will lose all my rights in the Uk, among them my right to work and my right to receive free health care.
I tried to call them all day long on their hotline yesterday and todayto inform them about their mistake. I was kicked out of the hotline every time I called. Apparently, they are "too busy and there are no spaces left in the call queue". I even called first thing in the morning when they opened and I got this message. My partner also tried to call them and got this message.

I don't know what to do. I booked an appointment with an immigration lawyer next week to find out how I can defend myself and my rights.
I will also send a letter with recorded delivery tomorrow to their office with a copy of my British passport.

I'm honestly very terrified. I'm scared I will lose my job and be separated from my family.
On top of that, I'm almost 12 weeks pregnant and I'm worried I won't be able to access maternity appointments and give birth in a UK hospital anymore if I'm officially deemed illegal.
We also receive Tax-Free childcare and child benefit for our son. According to the letter, that will be stopped as well if I don't apply within 28 days.

I already see myself being arrested and detained for deportation.
I know I haven't done anything wrong, but I know my fate relies entirely on the fact if I'm able to get through and the goodwill of the home office employees.
The appointment with the immigration lawyer already cost me 150 pounds.
I'm feeling quite depressed and sad. I had a headache all day long and don't feel well.

Is there anything else I can do? I would be grateful for any advice x

You can’t and don’t need to apply if you have British citizenship, it will be a case of ‘computer said no’.

You have a British passport. You are a British citizen.

You have absolutely nothing to worry about.

Send that letter and forget about it. Keep your passport handy if anyone should challenge you.

I wouldn't spend money on a lawyer.

Computer error. Don't pay for a solicitor, just keep trying to get through and write to them

Can't you just see how involved applying for it is?

@IloveStrawberrylaces

Can't you just see how involved applying for it is?

British citizens can’t apply

You’re absolutely fine. They are sending letters where they think someone might need to apply. You don’t as you’re British. It’s usual Home Office last minute panic to make sure as many EU nationals apply.

You literally don’t need to do a single thing except maybe bin the letter.

This is very odd indeed.

Why would you need the EUSS if you already have a British passport?

The problem is that the Home Office doesn't seem to know that I have a British passport. They should really know as I list it on every official document.

Someone advised me to take this seriously. That person said that if officers have an arrest warrant to arrest you, they will do so no matter if you wave a British passport in their face.

I'd guess that you've had the letter because you're listed somewhere as an EU citizen but they've not filtered the list so they don't send the letter to people who are also UK citizens.

Send them a letter recorded delivery with a copy of your passport stating you are a British citizen send a copy of their letter with your letter asking why you received it.

I would take it seriously it doesn’t matter if it’s a computer glitch you need to get someone to listen and make sure it’s very clear you are British.

@EuropeanBritInDespair

The problem is that the Home Office doesn't seem to know that I have a British passport. They should really know as I list it on every official document.

Someone advised me to take this seriously. That person said that if officers have an arrest warrant to arrest you, they will do so no matter if you wave a British passport in their face.

Does your rational brain really think documented British citizens are going to be arrest enmasse?

Does the person who advised you to take it seriously work at the home office, or do they specialise in something like British immigration law?

That person said that if officers have an arrest warrant to arrest you, they will do so no matter if you wave a British passport in their face.

Wow! Hold your horses! If they stared arresting everybody like this there literally won't be enough immigration and police officers.

If you’re having no luck with the helpline try your local mp or councillor. They are putting unnecessary stress on a pregnant woman

Honestly I wouldn't worry. You're British. You just need to inform them you're British by descent. It's clearly just an oversight.

They absolutely will not detain you in those circumstances.

I would write or email them a copy of your passport.

There is apparently a random list of EU citizens that are being sent these letters this month. Some people who have settled status have received them and when calling the Home Office in a panic, they were told all was fine.

The Home Office did say you should do as the letter says and call them, I guess because they have the self-awareness to know that not having your citizenship/settled status ticked off against their random list could lead to problems down the line.

So keep calling them and have them do their ridiculous exercise.

Have you read the whole letter? My MIL got one that sounds similar. It sounded very scary but then on the 2nd / 3rd page it did say that if you are a British Citizen then you don’t need to do anything.
Like you she is from another European country but has lived here for 40 years, married to a Brit, has a British passport etc.

It’s a mistake and you have nothing to worry about because you’re a citizen. Don’t spend money on a solicitor. Send the letter and keep trying the line but don’t sweat it if you can’t get through. My DH was stopped in the airport trying to re enter the U.K. on his European passport, it took them about 5 minutes to look him up on a computer to confirm his British citizenship, he was told to apply for a passport ASAP, we all had a good laugh about it (border officials included) and off we went.

If all else fails, copy your letter (as suggested by @frazzledasarock) to your local MP, they're usually very helpful with things like this.

eu-settled-status-enquiries.service.gov.uk/start tell them here if it will put your mind at ease but as a British Citizen your rights are not changing at all. You really don’t need to worry.

I agree it is most probably computer error. You are a British citizen with valid British passport. I thinking have the solicitor send them letter with copy of your British passport and British citizenship registration/certificate. It should be really cheap, like £50. The Home Office, in my experience, don’t usually argue with solicitors only those who DIY an immigration issues. Try not to panic. They won’t just deport you. They have to be 100% sure and go through a judicial process first.

@frazzledasarock

Send them a letter recorded delivery with a copy of your passport stating you are a British citizen send a copy of their letter with your letter asking why you received it.

I would take it seriously it doesn’t matter if it’s a computer glitch you need to get someone to listen and make sure it’s very clear you are British.

I would do this. I have dealt with the Home Office professionally and personally and some of the things I've seen are... As an organisation it is terrifying. However there are intelligent individuals working there that possess a modicum of common sense and have some scope to make rational decisions. One of them will read your letter, sigh, and clear your name from the settlement scheme list.

Bottom line is that you are a British citizen and have the passport to prove it. Send a formal letter, special delivery, so you get the name of the person who received it.

If you’re having no luck with the helpline try your local mp or councillor.
This. Include your postal address when writing to your MP so they know you’re a constituent. Write: “Dear MP, I live in your constituency of X. I am a British citizen and passport holder with dual EU citizenship [enclose a copy], and I am pregnant. The Home Office has sent me this letter [enclose a copy], and their phone line is broken. I am scared for XYZ reasons. Please can you ask the Home Secretary why this applies to me. Sincerely etc”

(If you ask them to ask the Home Secretary they have to pass the letter on, you see, even if it’s replied to by a grunt worker.)

Someone is scaremongering and putting the wind up you.

You will be fine and just need to do as already suggested and post the details of your passport.