French Woman in UK Struggles with Employment Due to EU Settlement Scheme Confusion Post-Brexit

A French national, Sophie, who is married to a British citizen, has experienced significant difficulties due to a misunderstanding with the EU Settlement Scheme (EUSS) following Brexit. Having lived in the UK for five years prior to Brexit, Sophie returned to France in 2020 for 18 months due to a family emergency. This period away from the UK led to complications with her immigration status upon her return.

Sophie’s ordeal began when she applied to the EUSS in early 2022, after missing the June 2021 deadline. Although she was aware of the possibility to submit late applications under “reasonable grounds,” her application was rejected for not providing sufficient evidence of her continuous residence with her husband in France.

In an attempt to resolve the situation, Sophie sought legal advice and appealed through the asylum and immigration tribunal system. However, she encountered further issues when she did not receive a certificate of application, which is typically issued to confirm the right to work and live in the UK while EUSS applications are processed.

Despite these challenges, Sophie was able to secure employment at a logistics firm near her home using a “share code” issued by the Home Office. However, this temporary solution was short-lived. The share code’s validity, which lasted only six months, expired in December 2023. When her employer ran a right-to-work check, it returned a negative result, leading to her dismissal due to legal constraints on employing individuals without work authorization.

The situation has left Sophie without income since December 2023, exacerbating her difficulties amidst the ongoing cost of living crisis. She expressed her frustration and heartbreak over the situation, emphasizing her desire to work and contribute to society without relying on benefits.

After the Guardian made inquiries to the Home Office, it was revealed that Sophie might have applied through an incorrect route within the EUSS. She was advised to apply directly for the EU settlement scheme, rather than the family permit, as the latter is intended for relatives of EU citizens joining them in the UK from abroad.

Sophie is currently seeking legal advice and reapplying for the EU settlement scheme, hoping her late application will be accepted. Her experience highlights the complexities and challenges faced by EU citizens in the UK post-Brexit, particularly regarding the immigration process and employment rights.

The Home Office spokesperson commented on the issue, stating that more than two years have passed since the main EUSS deadline and that they continue to accept and consider late applications from those with reasonable grounds for delay. Sophie’s case underscores the need for clearer guidance and support for EU citizens navigating the post-Brexit immigration landscape in the UK.