Where do I go?' EU citizens face legal limbo after decades in Britain

[Jonathan Fairfield]

Where do I go?' EU citizens face legal limbo after decades in Britain

By Andrew MacAskill

 

Detail is seen of a letter from The Home Office to Anna Amato at her home in Bristol, Britain, August 28, 2019. REUTERS/Toby Melville

 

BRISTOL, England (Reuters) - Anna Amato was just two when she moved to Britain from Italy with her parents 55 years ago.

 

She has lived in Britain ever since, attending school and university, working in a variety of jobs, and paying taxes. She has always lived in the city of Bristol in the west of England, marrying a British husband and raising two British children.

 

Like thousands of European Union nationals who have made Britain their home after living in the country for decades, Amato always assumed she had earned the legal right to settle permanently.

But the government didn't agree. The interior ministry rejected her request for permanent residency last year, saying she did not have enough evidence to document her status.

She was devastated.

 

"You are in your country, it is a democracy, all of a sudden you are told after this time no one knows what is going to happen to you," Amato, 57, told Reuters. "Where do I go? It is really, really scary."

Amato is one of a growing number of EU nationals denied the right to live indefinitely in Britain ahead of the country's departure from the bloc, currently scheduled for October 31.

 

For decades, Britain's membership of the EU has guaranteed the bloc's citizens the right to live and work in the country. But as Britain prepares to sever ties with Brussels after 46 years, EU citizens must apply for a new legal lifeline to remain, known as settled status.

 

Under the government's plans, EU citizens who can prove they have lived continuously in Britain for five years will be granted settled status, giving them the same rights to work, study and benefits they currently hold.

 

But Reuters has spoken to six EU nationals, including a top French chef, who have been refused settled status, even though they should automatically qualify through continuous residency.

 

Many EU nationals are concerned they could lose the right to free healthcare or employment. Others are worried about how they will prove they have the right to return if they travel abroad.

 

The fate of EU migrants has been thrown further into confusion by the government's announcement this month that their automatic right to live and work in Britain will end abruptly - and sooner than expected - in the event of a no-deal Brexit.

 

'SO INSULTING'

 

The problems facing EU nationals asked to suddenly prove their status mirrors the Windrush scandal, in which British citizens of Caribbean origin were denied rights despite living lawfully in the country for decades. Some lost jobs, others were wrongly deported.

 

Virendra Sharma, a lawmaker in the opposition Labour Party and a supporter of the pro-EU Best for Britain campaign group, said Amato's case was a sign the government is ill-prepared for such a drastic overhaul of the immigration system.

 

"Anna's story is a tragic one," he said. "How can somebody who has given so much of their life to the UK, who went to school here and got married here, have their existence in this country wiped? I think most people would say that can't be right."

 

Amato, who speaks with a soft Bristol accent, began trying to unravel her immigration status in 2017. It was a year after Britain voted to leave the EU and the government was promising to tighten immigration rules for the bloc's citizens. She spent about three months compiling documents to apply for settled status. They included tax returns, bank statements, her qualifications and social security number, known in Britain as a national insurance number.

 

In a career spanning almost 40 years, Amato ran a pizza takeaway for almost 20 years and also worked as a personal assistant and counsellor. Amato, who says she's apolitical, estimates she has paid more than half a million pounds ($615,000) in taxes.

 

By the time she had finished collecting documents she filled a box, which was so heavy it cost her 35 pounds to post.

But the interior ministry refused her application saying she had "failed to show you have a permanent right of residence in the UK," according to a letter seen by Reuters.

 

Amato then made a series of frantic calls to the ministry and sent almost a dozen emails complaining there had been a mistake. The government so far refused to change its decision.

 

Anna Amato holds documentation and correspondence with The Home Office, with her husband Connell at her home in Bristol, Britain, August 28, 2019. REUTERS/Toby Melville

 

In one email which particularly riles Amato, a government official told her she had failed to prove herself as, "a qualified person either as a worker, a self-employed person, a student, a jobseeker, or a self-

sufficient person". "It is so insulting," she said, wiping away tears. "You know we all need a basic need to feel a sense of belonging, wherever we are."

 

"All of a sudden, they snatch it away from you. You become unstable. It gives you anxiety, stress, you know it affects every aspect of your life. It is so upsetting," she said.

 

The interior ministry said Amato had not reapplied under its EU Settlement Scheme and that it had told her where to get assistance with the process.

 

The government launched its EU Settlement Scheme for registering EU citizens in January this year.

 

'PAINFUL AND EMBARRASSING'

 

The status of British and EU nationals living in each other's territories has been one of the most important issues in Brexit talks, which have dragged on for the past three years.

Both sides have promised to ensure settled citizens do not lose any rights.

 

In his first statement to parliament after becoming prime minister in July, Boris Johnson said he wanted to thank EU citizens living in Britain for their contribution and promised to ensure they could remain after Brexit.

 

But Daniel Hannan, a prominent Brexit supporter and Conservative lawmaker in the European Parliament, has called on the government to do more, saying he had been contacted by EU nationals in his constituency denied long-term residency.

 

"This is a breach of the assurances I and other Leavers gave during the referendum," he said. "Please help sort this out."

 

Until recently, the government had been advising the estimated 3.5 million EU citizens living in Britain that they had until December 2020 to register to retain their rights. So far, only about 1 million people have applied.

 

Richard Bertinet, a renowned French chef who has lived in Britain for the past 31 years, was denied settled status after applying earlier this month with the help of his British wife, a former lawyer.

Bertinet, who has written two award-winning cookbooks, appeared on cookery television programmes and set up a bakery that supplies upmarket supermarket chain Waitrose, said he had only been granted

pre-settled status.

 

The ministry gave him the right to stay until 2024, when he will need to reapply for settled status.

 

"It is painful and embarrassing," he told Reuters. "I have spent more time in my life in this country than in France."

 

Bertinet said he fears more for vulnerable people, such as those who speak poor English or the elderly.

 

"There are going to be a lot of tears for a lot of people."

 

The interior ministry said in response to a request for comment that it has been in touch with Bertinet to help him provide evidence to be granted settled status.But others may not be so fortunate. It can be particularly difficult to prove residency for stay-at-home parents or carers even if they have lived in Britain for years.

 

Amato says she is not sure she will apply again to confirm her residency status - and will just deal with the consequences.

 

She could apply for citizenship through her British husband. But she's offended by the idea of having to sit an English and history test and paying more than a thousand pounds to get citizenship after living in Britain for over half a century.

 

"I resent the fact I have to apply for settlement in my own country. If I apply again, I am enabling the system," she said. "What is next? A badge, branding?"

 

Amato says her Italian father, who had dementia in later life and died in March, would be upset at how EU migrants are being treated. He moved his family to Britain to work in a factory making washing machines in 1964, a time when Britain was looking abroad for workers.

 

"He loved the UK because he thought it was a fair and decent nation. He was proud to be here," she said. "I feel betrayed."

 

(Reporting By Andrew MacAskill; editing by Guy Faulconbridge and David Clarke)

 

-- © Copyright Reuters 2019-08-30

Follow Thaivisa on LINE for breaking Thailand news and visa info

[evadgib]

How are Brits living in Italy faring in the other direction?

 

 

(She won't be going anywhere!)

Edited August 30, 2019 by evadgib

[SammyT]

Move to Thailand and then just spend your days whinging about the TM30. Seems to be par for the course for people from that part of the world

[Scot123]

I do not believe this. Having just returned to UK after living in Thailand with my family for 9 years and seeing all the things here telling EU citizens to apply for status to stay here. The government here is bending over backwards for them. Its simply either a mistake or she has been arrogant or on purpose not provided the required documents and its that simple. She has the right to appeal. Just another attention seeker. 

[tomacht8]

Chaos, stress, ambiguity, confusion, arbitrary. Injustices, tears and anger.
These are the personal collateral damage of Brexit for many people affected.

 

Brexit is the worst organized and largest intervention in the living conditions of so many people, after world war 2.

[RichardColeman]

9 hours ago, Jonathan Fairfield said:

Amato always assumed

The defence of the idiot

[sunnyboy2018]

She probably did not follow the basic procedure but why has she left it so late?

[sunnyboy2018]

58 minutes ago, tomacht8 said:

Chaos, stress, ambiguity, confusion, arbitrary. Injustices, tears and anger.
These are the personal collateral damage of Brexit for many people affected.

 

Brexit is the worst organized and largest intervention in the living conditions of so many people, after world war 2.

Hyperbole and exaggeration.  Its just an attempt to reverse the imposition of the EU which nobody voted to join.

[shy coconut]

20 hours ago, RichardColeman said:

The defence of the idiot

That's a little unfair in her situation.

 

If she has spent nearly her whole life in the UK going to school, university and working, I think it's reasonable to assume some kind of right to remain.

 

However, I wouldn't think it would be too difficult for her to prove that she has lived and worked in the UK for a minimum of 5 years.

 

I can think of 2 scenarios here, either she is claiming citizenship like the kids who came over on the windrush and other ships from the Carribbean and is being denied on the same grounds, or she is applying for the right to remain like a lot of Europeans who entered the UK under the freedom of movement rules and her application had been denied in error.

 

It seems more likely that the 1st scenario is more likely as immigration rules were changed a few years back which led to the Windrush people enduring so many problems.

[bigginhill]

9 hours ago, evadgib said:

How are Brits living in Italy faring in the other direction?

 

 

(She won't be going anywhere!)

I took citizenship, but permanent residency I have just checked is after 5 years. There are many imigrants that are  being paid off the books. They get one regular job, organised by co-nationals to have a couple of payslips and get on the system. I.m told all they need is to sign as living in the local town on the register, then 5years later with some bills in their name it,s done.

 

https://europa.eu/youreurope/citizens/residence/documents-formalities/eu-nationals-permanent-residence/index_en.htm

 

P.s don,t get citizenship! The tax situation is similar to USA. Also you always have to be registered somewhere. You can.t just move without telling the state. Neither within Italy, nor abroad. They always have to have you registered.  Not nice. 

Regarding the lady, I agree why wasn,t this dealt with earlier. Find it hard to believe she never left the country in 55years, so she was happy to be Italian only, till now. 

Edited August 30, 2019 by bigginhill

[Somtamnication]

They can go home if they are unhappy. It is time for Britain to be returned to the British. I suppose someone will see that statement has totally wrong!

[DoctorG]

We will possibly find out later that there was some simple error that has been rectified, but that will not be reported upon by the media.

[Cats4ever]

Sorry about the incorrect posting above.

I am observing that Somtamnification is likely to be an immigrant to Thailand. I am sure he hopes to be treated better than the others who reside in UK.

[robblok]

If the UK does this they should kick all the Brits out of Spain and Portugal and so on. Let them feel the pain too. Simple 

[SammyT]

1 hour ago, Somtamnication said:

They can go home if they are unhappy. It is time for Britain to be returned to the British. I suppose someone will see that statement has totally wrong!

I find it hilariously ironic that you're advocating Britain for the British as a Brit living in Thailand. Bet you'd get angry at a Thai who says Thailand should be for the Thais. 

[evadgib]

3 minutes ago, SammyT said:

I find it hilariously ironic that you're advocating Britain for the British as a Brit living in Thailand. Bet you'd get angry at a Thai who says Thailand should be for the Thais. 

His 'Britain for the British' surely includes the woman in the OP and her ilk who have lived there for 55 years and have done sod all to help themselves since the 2016 vote though eh?

[stevenl]

18 minutes ago, evadgib said:

His 'Britain for the British' surely includes the woman in the OP and her ilk who have lived there for 55 years and have done sod all to help themselves since the 2016 vote though eh?

Sure, that's why he said 'they can go home if they're unhappy'.

[tebee]

18 minutes ago, evadgib said:

His 'Britain for the British' surely includes the woman in the OP and her ilk who have lived there for 55 years and have done sod all to help themselves since the 2016 vote though eh?

But of course, those people didn't get to vote in 2016 - the first reason they felt excluded.

[nahkit]

15 minutes ago, tebee said:

But of course, those people didn't get to vote in 2016 - the first reason they felt excluded.

Why would someone who isn't a British citizen think they should get to vote in a British matter?

[nahkit]

17 hours ago, Jonathan Fairfield said:

She could apply for citizenship through her British husband. But she's offended by the idea of having to sit an English and history test and paying more than a thousand pounds to get citizenship after living in Britain for over half a century.

 

17 hours ago, Jonathan Fairfield said:

Richard Bertinet, a renowned French chef who has lived in Britain for the past 31 years, was denied settled status after applying earlier this month with the help of his British wife, a former lawyer.

So both of them could easily remain in the UK if the really wanted to due to their having a British spouse.

 

What a non-story, the remainer media are getting desperate.

[Libai]

It was understood that all EU citizens that had lived in the UK for a continuance 5 years or more would be given domiciled status.  Sounds like incompetence on behalf of the Home Office.

[abrahamzvi]

12 hours ago, Scot123 said:

I do not believe this. Having just returned to UK after living in Thailand with my family for 9 years and seeing all the things here telling EU citizens to apply for status to stay here. The government here is bending over backwards for them. Its simply either a mistake or she has been arrogant or on purpose not provided the required documents and its that simple. She has the right to appeal. Just another attention seeker. 

What you are saying is utterly ridiculous. Isn't marrying in the UK over 20 years ago, having children in the UK and paying income tax for God knows how many years, evidence enough? How about the French Chef?

I think that any Brit complaining about Thai Immigration (TM 30, 90 days reporting etc) should read this article.

[abrahamzvi]

5 hours ago, Somtamnication said:

They can go home if they are unhappy. It is time for Britain to be returned to the British. I suppose someone will see that statement has totally wrong!

What you are saying is not only absolutely wrong, it is simply inhuman. I assume you live in Thailand. If so, once you complain, you should get the same answer, if you don't like it you can leave. It's time Thailand is freed of foreigners (like you!!!!!). I assume you will like this answer!

[Letseng]

14 hours ago, Scot123 said:

I do not believe this. Having just returned to UK after living in Thailand with my family for 9 years and seeing all the things here telling EU citizens to apply for status to stay here. The government here is bending over backwards for them. Its simply either a mistake or she has been arrogant or on purpose not provided the required documents and its that simple. She has the right to appeal. Just another attention seeker. 

She just does what all the TM30 whingers do who I see on this forum, in the daily paper, public gatherings, Twitter etc.  Or are those not "attention seekers"?

 

 

[Letseng]

6 hours ago, Somtamnication said:

They can go home if they are unhappy. It is time for Britain to be returned to the British. I suppose someone will see that statement has totally wrong!

May be Thai govt. will say this one day to all the TM30 and 90 day report moaners. 

[from the home of CC]

12 hours ago, shy coconut said:

That's a little unfair in her situation.

 

If she has spent nearly her whole life in the UK going to school, university 

and working, I think it's reasonable to assume some kind of right to remain.

 

However, I wouldn't think it would be too difficult for her to prove that she has 

lived and worked in the UK for a minimum of 5 years.

 

I can think of 2 scenarios here, either she is claiming citizenship like the kids who

came over on the windrush and other ships from the Carribbean and is being denied 

on the same grounds, or she is applying for the right to remain like a lot of Europeans

who entered the UK under the freedom of movement rules and her application had been

denied in error.

 

It seems more likely that the 1st scenario is more likely as immigration rules were

changed a few years back which led to the Windrush people enduring so many

problems.

and then people on here with the audacity to complain about Thai immigration, using bazookas in glass houses comes to mind..

[Chomper Higgot]

6 hours ago, Somtamnication said:

They can go home if they are unhappy. It is time for Britain to be returned to the British. I suppose someone will see that statement has totally wrong!

Well it’s totally ill informed.

 

Nothing in this crock of Brexit is remotely promising to return Britain to the British.

 

It might reduce the number of EU citizens in or coming to the UK, but the UK needs immigrants, hence Liam Fox’s dash to India and the Philippines  

 

The idea that ‘It is time for Britain to be returned to the British’ delusional.

[jesimps]

1 hour ago, Letseng said:

May be Thai govt. will say this one day to all the TM30 and 90 day report moaners. 

We aren't immigrants to Thailand and are here on 12 months approval only. You can't compare us to EU citizens in the UK, it's chalk and cheese.

[7by7]

4 hours ago, jesimps said:

We aren't immigrants to Thailand and are here on 12 months approval only. You can't compare us to EU citizens in the UK, it's chalk and cheese.

 The usual feeble excuse of the anti immigration immigrant.

 

If you don't like your status in Thailand; go home!

[Sujo]

18 hours ago, bigginhill said:

I took citizenship, but permanent residency I have just checked is after 5 years. There are many imigrants that are  being paid off the books. They get one regular job, organised by co-nationals to have a couple of payslips and get on the system. I.m told all they need is to sign as living in the local town on the register, then 5years later with some bills in their name it,s done.

 

https://europa.eu/youreurope/citizens/residence/documents-formalities/eu-nationals-permanent-residence/index_en.htm

 

P.s don,t get citizenship! The tax situation is similar to USA. Also you always have to be registered somewhere. You can.t just move without telling the state. Neither within Italy, nor abroad. They always have to have you registered.  Not nice. 

Regarding the lady, I agree why wasn,t this dealt with earlier. Find it hard to believe she never left the country in 55years, so she was happy to be Italian only, till now. 

I lived in australia for 45 years without becoming a citizen. I only became a citizen a month before I left.