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Original poster

I am fucked, right? Me against the Home Office

105 replies

EuropeanBritInDespair · 19/08/2021 17:31

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

OP posts:
Original poster
EuropeanBritInDespair · 19/08/2021 17:52

What if they don't realize until it's too late that I have a British passport?

Of course, I will send them a letter with recorded delivery, but that doesn't mean that the letter will arrive in the right department/will be taken care of.

I could lose my right to work in the meantime.

I'm amazed that people on this thread have this implicit trust in the Home Office and that they will always do the right thing.

Windrush, anyone?

OP posts:
Cyw2018 · 19/08/2021 17:53

Keep trying the home office phone number, but whilst you are waiting (battling) to get through you should give your MP a heads up on the situation so that they can step in IF the home office don't make the obviously correct decision in your favour.

MarleneDietrichsSmile · 19/08/2021 17:54

(Disclaimer: I am not a lawyer)

You’ll almost certainly be fine as you have a British passport, this is not being stripped away

It sounds like ad admin error to me, and they have sent you a standard worded scary letter.

I have dual citizenship, and have “fought” the home office in a catch 22 situation and it all turned out ok

Don’t panic. It’s an admin error. Can you contact them via chat/e-Mail? Keep it short and unemotional, something like: there seems to be an administrative error in your system and I was sent this letter (reference number letter). I have British Citizenship , my passport number is xxxxx . Please can you confirm if, as a British citizen with dual nationality, I would need to apply for settled status or if this is an administrative oversight on your part

Interested in this thread?

Then you might like threads about these subjects:

1st trimester General pregnancy
RuleOfCat · 19/08/2021 17:54

If you are a dual citizen, when you are in one of those countries that citizenship takes priority over the other one - ie when you are in the UK your British citizenship is regarded as your ‚first‘ nationality (this matters in international law for example, because it means that the other government could not give you consular help when you’re in the UK, and vice versa). But in your case, it means that your other nationality is irrelevant, in the UK you are British and you have all the rights of a full British citizen, hence you do not need to apply for settled status. Sending the copy of your passport by registered post should be enough to sort the matter, but having legal advice as well will hopefully reassure you there’s nothing to worry about (despite it costing 150 quid).

bambootortoise · 19/08/2021 17:55

Windrush is the reason they’re being careful with EUSS. I don’t trust them for many reasons but there is no chance in hell that you will be removed from your family and the UK while holding a British passport.

ShimmyYay · 19/08/2021 17:55

I had a similar type situation and wasn’t getting through to anyone. I contacted my local MP who helped me resolve the issue I was having. I suggest contacting your local MP!

AllTheSingleLadiess · 19/08/2021 17:56

Contact your MP
They will be able to get through to the Home Office so they can amend their records.

AdriannaP · 19/08/2021 17:59

You are a bit overdramatic here Op. you think the home office is going around arresting dual citizens. Disclaimer I also have dual citizenship and obviously did not apply for settlement scheme. I wouldn’t lose any sleep over getting this letter in error.

As others said, contact your MP or the people at Guardian who write about this issue. I am sure it will all be sorted. and please don’t compare yourself to windrush victims - those two situations really don’t compare.

LeeHarper5 · 19/08/2021 18:00

UK Visa & Immigration are overwhelmed with cases and calls at the minute. As advised by others, send a letter and photocopy of your British passport. There should be an email address on the HO letter so also send your letter/passport to that too. If you have no joy then definitely go to you MP.
MP complaints get dealt with promptly.

TSSDNCOP · 19/08/2021 18:02

Letters from any Govt dept tend to be very heavy handedly written in my experience.

You can get through to them by phone, but it's a bit like Virgin or Sky in that you have to glitch the phone system.

When you do get through you'll find them actually very helpful. Meanwhile send a copy of your passport and the letter recorded delivery.

I am also sure there is a contact e-mail you can use to scan stuff to as well.

FlorenceNightshade · 19/08/2021 18:03

If you are truly desperate contact your local paper or a national tabloid and explain what’s going on. But honestly your mp will help if you let them

OswaldOwl · 19/08/2021 18:04

Agree with you the Home Office are not to be blindly trusted, I think you will be okay though. You've taken sensible steps, you've even got an appointment with a lawyer lined up, try not to panic. You are a citizen.

Good idea to contact the local MP, but really, please don't panic. This extra work really shouldn't be necessary. You're just doing it to protect yourself against the inadequacy of this shambles of a government. Sadly, a sensible precaution. If it were to progress further, the truth would come out in the wash sooner rather than later though.

Blue4YOU · 19/08/2021 18:04

Op I have experience of immigration law etc from actually working in the Home Office.
You should keep trying to contact them and let them know that you are a British Citizen.
Is it that you originally came under EEA regulations and later married or some other combination that’s led them to not be aware that you are now British?
You won’t be arrested, detained or removed from the country - because you are British.
They might need to see a copy of your passport- but you don’t need to apply to remain under EEA regs. Don’t panic.

myheartskippedabeat · 19/08/2021 18:06

@EuropeanBritInDespair

I'd go to citizens advice (because it's free)
Also the embassy for your other dual nationality status and take advice

As you have a British passport I'm sure this is a terrible mistake/error and hopefully it'll all get resolved but not very nice and quite stressful

It might be worth contacting your community midwives office aswell to explain the situation as you have children they might have access to other services/ people who can help

Flatdisco · 19/08/2021 18:06

I think you're right to take it seriously and if you can afford it the lawyer seems like a sensible approach to nip this in the bud. I honestly think you will be fine. But as some pp's have said I'm not sure if it got to the stage where you were being arrested the staff doing this would care if you had a British passport. Or be able to do much about it. So best not let it get to this point. Good luck x

Ellmau · 19/08/2021 18:06

I could lose my right to work in the meantime.

No, you really couldn't. If anyone (your employer) challenges you, all you have to do is show them your British passport.

Twatalert · 19/08/2021 18:07

Just apply for the settlement scheme for your own peace of mind? I don't remember the process now but am pretty sure I has to submit a copy of my passport. Do this and then they will have it on file.

imnotsure1 · 19/08/2021 18:09

Just to reassure you they sent me letters by mistake and were absolutely fine on the phone when I eventually got through.

I eventually got through by calling late on. I'd send an email too. They didn't actually want to see my passport in the end just said sorry we made a mistake so I think this has happened to lots of people.

CaptSkippy · 19/08/2021 18:10

@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.

I agree OP. Take this seriously. You're doing the right thing talking to an immigration lawyer. Deporting immigrants is a highly political topic that the current U.K government will no doubt use in the next elections. They will want to wave the number of deportations around. Do not become one of their statistics.
ChardonnaysPetDragon · 19/08/2021 18:10

Just apply for the settlement scheme for your own peace of mind? I don't remember the process now but am pretty sure I has to submit a copy of my passport. Do this and then they will have it on file.

This is really bad advice, OP cannot apply because she has British citizenship and also because the application window has closed unless there are some compelling reasons for not applying on time.

Honestly, check your facts before posting.

WeAreTheHeroes · 19/08/2021 18:11

@Twatalert

Just apply for the settlement scheme for your own peace of mind? I don't remember the process now but am pretty sure I has to submit a copy of my passport. Do this and then they will have it on file.
If you are a British citizen you can't do that as you are not eligible. It would be belt and braces, it would be a pure waste of time.
CheeseCrackersAndChutney · 19/08/2021 18:11

No advice OP but that is absolutely ridiculous! How dare the Home Office! I really hope this is just an admin error and you get it sorted quickly Flowers

parietal · 19/08/2021 18:11

if all goes wrong, contact the Guardian. They have done several 'sad face' stories on people in this (or similar) situations, which normally get rapidly resolved once they appear in the press.

minitwister · 19/08/2021 18:12

NRTFT but If you can get to your local citizens advice office there is an advisor number they can call to speak to the resolution centre for you (you have to speak to the helpline to give consent, hence needing to be there in person. Getting through on the public number is almost impossible as you've discovered.

mswales · 19/08/2021 18:14

@EuropeanBritInDespair

What if they don't realize until it's too late that I have a British passport?

Of course, I will send them a letter with recorded delivery, but that doesn't mean that the letter will arrive in the right department/will be taken care of.

I could lose my right to work in the meantime.

I'm amazed that people on this thread have this implicit trust in the Home Office and that they will always do the right thing.

Windrush, anyone?

Hi OP, the issue with members of the Windrush generation was that they did NOT have passports despite living and working here for many years. I can understand why you're panicking but honestly this isn't about implicitly trusting the Home Office to do the right thing - as clearly it does not treat people well - but it is simple black and white facts that if you have a British passport you cannot be arrested/deported/have your rights taken away.