A Spanish woman who had lived in the UK for 44 years was fired from her job in a nursing home because she could not prove that she had the right to work in the UK. This case illustrates the difficulties faced by EU nationals when their employers work hard after Brexit Of the right to work.
The 45-year-old woman came to the UK as an 11-month-old baby and has never left the UK. She said that in the past three years, she has tried more than 100 calls to the helpline run by the Home Office. Zhou, but has been unable to talk to the consultant.
She has applied for EU settlement status, but her application is stuck in a backlog of more than 500,000 cases that the Ministry of the Interior has not yet processed. She is the main breadwinner with two children to raise, and said that her dismissal made it difficult for her to buy food.
Charities that help EU nationals say this case is not unique. “We have seen time and time again that people who have pending EUSS applications are asked to take unpaid leave or are denied work,” Dora-Olivia Vicol, CEO of the company Work Rights Center, Say.
On June 28, when the manager found out that she had no documents proving that she had the right to work in the UK, the caregiver was asked to hold a formal meeting with her employer (a large residential care organization).
“They asked me to prove that I entered the UK legally-just as they accused me of coming here in a truck, but I came here as a baby. They asked me if I could provide evidence that I have the right to work in the UK; I have been paying taxes and national insurance here for nearly 30 years. I am frustrated — there are a lot of tears around me,” she said. She asked not to print her name and employer’s name because she hopes to get back a job.
After the meeting, she applied for EU residency status on June 30, just before the application deadline-but she never had a British or Spanish passport.
As a result, she was unable to fill out a digital application for EU residency status; instead, she had to make a complicated paper application and submit her birth certificate. She received the application receipt via email, but has not yet received an official certificate allowing her to continue working while waiting for her EU residency status.
On July 2, she was invited to a work discipline meeting and was fired after being informed that the organization would risk fines if she continued to hire her.
Seeing the government advertisement, she knew that she might need to apply for EU residency status, but because she did not have a passport, she did not know how to apply; she had previously sought legal advice from an immigration lawyer, but was quoted at £2,000 and could not afford it.
“I try to go through the Resolution Center of the Ministry of the Interior every day, 10 to 20 times a day. All I get is a recorded message that says:’We are too busy to answer your call’,” she said.
“Because I have been in this country my whole life, I don’t think I will have any problems. My husband and two children are British,” she said. She believes she is not eligible for unemployment benefits because she cannot prove that she has the right to stay in the UK. “My mother-in-law is helping with cooking. The bill has not been paid and I cannot drive because I only have half a can of gasoline left. I have overdrawn by £235.”
She said she missed the person she cared for in the nursing home. “This is the most difficult thing I have ever encountered. I just want to do my job and continue my life.”
A spokesperson for the Ministry of the Interior said: “Under the very successful EU settlement, more than 5.1 million status has been granted. Anyone who applies for the program before the June 30 deadline but has not yet made a decision will have their rights protected. Until their application is decided. This is required by law.”
However, Vicol stated that the Center for the Right to Work had tried to help resolve this situation, but failed. “The staff of the Ministry of Interior suggested that we call again in two weeks, but this still puts her and others like her in a very vulnerable position,” she said. “Employers rarely spend time reading the Ministry of Interior’s support guide, which stipulates a process for excellent applications-on the contrary, they have no patience. The hostile environment creates a culture of fear and risk-averse employers overreact to job inspections. “
