When the 34-year-old Spanish woman returned from her Christmas vacation near Málaga, Spain, she was taken into custody and deported from the UK. The woman, known only as Maria, attempted to establish her residency and employment rights in the nation by presenting Brexit documentation to border guards.
After waiting hours in detention she was told that her Home Office issued documents were invalid while she was held overnight at Luton airport on December 26- despite having presented the necessary paperwork.
I went home because my sister had a little baby girl, and literally four days later in Luton airport they took me to the detention room, took my stuff and my phone and told me to wait there. I was left there all night and then put on a plane. Maria
She also mentioned how being deported from the UK had a significant negative influence on her life; she was meant to resume her employment and complete her veterinary nursing apprenticeship, but the deportation prevented her from doing so.
The Labour MP for Mid Bedfordshire, Alistair Strathern, stated he was seeking information regarding the issue from the Home Office.
Due to inadequate documentation, Maria’s application for the EU settlement system, which she submitted late in 2023, was denied in June. Nevertheless, she had applied for an administrative review and obtained a certificate of application (CoA) from the Home Office, which permitted her to work in the UK while her application for a settlement scheme was being considered.
However, Maria’s documentation was challenged by border officials, which resulted in her expulsion. The Home Office made it clear that, as per the exit agreement, the problem is with proving one’s right to remain in the UK, not one’s right to work.
The Home Office states that those who are denied admission at the border may be held in custody until they are removed, but they might not be protected from re-entry by a deportation order.
According to the Home Office, a certificate of application does not give an EU citizen the freedom to enter and exit the nation, and border officials have the right to ask for further proof of residency before December 2020 because a certificate of application alone is insufficient.
While Maria seeks legal advice, Strathern emphasizes the importance of border officials acting within the law to maintain public confidence in border security. The Home Office asserts that border officials make decisions based on the information provided by the passenger, not their nationality, prioritizing the safety and security of the borders.
