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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:
Happyhappyday · 19/08/2021 18:41

Also with respect to losing your job, just make sure your work has your British passport on file. You just REALLY can’t lose your right to work. You’re a citizen and can easily prove it. It’s just not going to happen.

Geamhradh · 19/08/2021 18:50

@EuropeanBritInDespair

I don't know what "British citizen by descent" means.

My father is British. I received my British passport 18 years ago when I was a minor ( but not when I was born). I was born abroad.

OK, if your parents were married when you were born, then you were automatically a British Citizen by descent, through your father. If they weren't married, depending on when you were born, you would have had to have been registered as a BC as an anomaly of successive nationality acts was that unmarried fathers could not pass on their citizenship. You were in all likelihood always a British Citizen before you got a passport. A passport doesn't confer citizenship. It confirms it.
JassyRadlett · 19/08/2021 19:00

Definitely contact your MP and ask them to write to the Home Sec on your behalf. Ministerial correspondence from MPs gets fast tracked compared to correspondence from everyone else.

Interested in this thread?

Then you might like threads about these subjects:

1st trimester General pregnancy
CopYourselfOn · 19/08/2021 19:12

It sounds as though the system they use in the Home Office still held details of your nationality at birth. Therefore, it will have flagged up that you've not applied under the EUSS by the deadline and popped you on a list to be issued with a letter to get you to apply.

The bottom line is that if you are a British Citizen you will not lose your right to work, reside, etc in the UK and do not need to apply on the EUSS.
Despite its many, many failings, the Home Office does not send out its Immigration Enforcement officers to round up British Citizens and remove them en masse from the country. It also is not the same as Windrush, as you are documented and can prove that you are a British passport holder.

I get that you're anxious about the letter OP, but it really is just some sort of admin / computer error. A pain in the arse, yes, but it can easily be sorted.

Send a letter with a copy of your passport and do it recorded delivery. Keep trying the hotline and if you're still concerned, then contact your MP as there's a MP line for any constituent enquiries / issues / complaints.

Original poster
EuropeanBritInDespair · 19/08/2021 19:17

@Geamhradh

They were married when I was born.

OP posts:
User5827372728 · 19/08/2021 19:18

I have dual nationality and didn’t apply for anything to stay.

I wouldn’t worry; they’ve made a mistake. Scan your passport and send it to them

Marni83 · 19/08/2021 19:22

Op

When does your passport expire?

How long have you spent out of the country in last year?

WeLovePeaSoup · 19/08/2021 19:23

Please don’t worry! I bet you just need to call them up and tell them your passport number etc.
I have got the same letter yesterday and did panic for a minute but then I saw just it’s a generic letter. I will have to call them up too as I’m from Europe . I have tried them yesterday but like for you there wasn’t any space to queue so the phone line just dropped off.

caughtinanet · 19/08/2021 19:27

I agree that you are being overly dramatic. They asking you to provide the information to update their records and you leapt to a situation where you have no job, no healthcare and agreeing deported

Send them the info in as many ways as you can and wait for them to confirm

I don't even think you need your MP or citizens advice, some knowledgeable posters have explained what to do

WetBench · 19/08/2021 19:28

Please ignore anyone saying you are over reacting/just bin the letter/show the people that turn up at your door your passport.

I would keep calling tomorrow, send a letter recorded delivery and contact your MP tomorrow. Depending on when you lawyer appointment is you might not need it.
It’s a right pain, but don’t let it drop just because someone has fucked up somewhere. But you will be fine and your entitlement is fine, it’s just someone has ticked the wrong box somewhere and you need to untick it. But of course you will be stressed until that point!

KeflavikAirport · 19/08/2021 19:33

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.

You can, ask Shamima Begum. Not likely to happen to OP though, unless there is the mother of all drip feeds coming.

HalzTangz · 19/08/2021 19:36

It should be taken seriously, my colleagues partner was arrested because of a computer error

Zwellers · 19/08/2021 19:37

burritofan. I object to being called a grunt worker. How dare you. I work long and hard tovensure myself get accurate and helpful requests from my government department (not the home office)

Wombleofwimbledon1984 · 19/08/2021 19:37

As someone who has been involved with big IT projects for the home office, I really am not surprised that they've sent this out as the result of a computer error, but equally I wouldn't trust that they will realise and rectify their mistake. They're pretty shambolic.
I would definitely keep phoning and definitely speak to a lawyer. Also write to your MP. It will be sorted, but I would kick up a stink just in case they fuck up again.

viques · 19/08/2021 19:44

If they said in the letter that if you are a British citizen or have dual nationality you need to call them to get the records amended why are you going into this overdrive of not getting maternity benefits, being deported, not allowed access to the NHS. They have told you what to do. Do it. If you want to belt and braces it then contact your MP and send a copy to the department who sent you the letter.

PiranhaTank · 19/08/2021 19:45

My husband had to apply for settled status, it took about 3 minutes on his phone and he received confirmation of is right to stay in a few minutes.....

mummylondon16 · 19/08/2021 19:46

oh my goodness don’t despair you are british write them a letter by recorded delivery a copy of your british passport ( and tell them to F off….)
I’m a dual irish and british national, and im an ex immigration caseworker. please don’t worry

even in the unlikely event you had to apply there is provision to apply late but as a british national you are under zero obligation to apply

mummylondon16 · 19/08/2021 19:49

@KeflavikAirport

the shamima begun case was a national security case. she was not deported she was stripped of citizenship for support of acts of terror ( i feel sorry for her knowing her back story) but do not scare this poor woman british citizens do not and cannot be compelled to apply under euss FFS

KeflavikAirport · 19/08/2021 19:57

Yes i know, i was just pointing out that British citizenship is not absolute. I did say it was very very unlikely to happen to op.

DerAlteMann · 19/08/2021 19:58

@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.

This, and copy in your local MP and tell the Home Office you've done so.
Serenschintte · 19/08/2021 20:02

Make an appointment to see your MP. Take your passport. They will help.

beastlyslumber · 19/08/2021 20:06

my letter says that if you are a British citizen or a British citizen with dual nationality you need to call them so that they update their records

Right... so call them and tell them to update their records? I'm not sure there's any need to panic just yet. You might have to sit on the phone line all day to get through.

Thelittleweasel · 19/08/2021 20:29

They have sent you a letter. Copy the letter and write back with a photocopy of your passport. Send a letter [not an e-mail, twitter or other nonsense] with a copy [noted on the bottom] to your MP.

Send a letter [again not an e-mail] to your MP asking him/her to speak to the minister.

Send all "signed for" [formerley Recorded Delivery

@EuropeanBritInDespair

Blossomtoes · 19/08/2021 20:45

It’s a mistake. Put your feet up, have a glass of wine and forget about it.

Horizons83 · 19/08/2021 20:54

Immigration lawyer here. All the advice above is good. Recorded letter back to Home Office with a copy of your British passport, as well as email back to Home Office at whatever email address was on your letter, email immediately to your MP explaining what’s happening and asking for their help.

You will not be deported, please do not worry. Windrush was a bit different .. most of the people affected either didn’t actually have the right to reside here, they just thought they did because they had come over as children, or had no documentation to prove it. You have a British passport. You are fine.