A 34-year-old Spanish woman was forcibly removed from the UK after returning from a Christmas holiday near Málaga, Spain. The woman, identified as Maria, presented Brexit paperwork to border officials, in an attempt to prove her right to live and work in the country.
According to The Guardian, despite presenting the documentation, she was detained overnight at Luton airport on December 26 and informed that her Home Office documents were not valid.
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.
She also pointed out that being deported from the UK has impacted her life greatly – she was supposed to be back at work and do this veterinary nursing apprenticeship, which she can miss on due to the deportation.
Alistair Strathern, the Labour MP for Mid Bedfordshire, said he was looking for answers from the Home Office about the case.
Maria made her late application for the EU settlement scheme in 2023, and her application was rejected in June due to insufficient evidence. However, she had requested an administrative review and possessed a certificate of application (CoA) from the Home Office, allowing her to work in the UK until a decision was reached on her settlement scheme application.
Border officials, however, contested the validity of Maria’s paperwork, leading to her removal. The Home Office clarified that the issue revolves around providing evidence of the right to be in the UK under the withdrawal agreement, not the right to work.
According to the Home Office, those refused entry at the border are liable for detention pending removal but may not be subject to a deportation order preventing re-entry.
A certificate of application, as per the Home Office, does not grant an EU citizen the right to travel in and out of the country freely, and border officials are entitled to request additional evidence of residence before December 2020, as presenting a certificate of application is not sufficient evidence.
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.
