An 80-year-old Polish woman is facing deportation from the UK after the Home Office rejected her residency application due to a technicality.
Elzbieta Olszewska mistakenly submitted her form online instead of using the required paper application, leading to her status being deemed invalid.
Olszewska arrived in the UK in September 2023 on a six-month visitor visa to live with her son, Michal Olszewski, a British citizen of Polish origin.
As her health declined, Michal and his wife sought to secure her permanent residency under the EU settlement scheme, a legal route for elderly parents of British citizens.
Despite submitting the application well before her visa expired, the family received no response for nearly six months.
On 25 March, the Home Office rejected the application, stating that family members of naturalised British citizens must apply using a specific paper form, not the online system.
The rejection letter informed Olszewska that she no longer had the right to stay in the UK, warning that she could face detention, fines, imprisonment, removal, and even a re-entry ban. Her son criticised the Home Office’s handling of the case, saying the delay and lack of flexibility were causing unnecessary distress.
Immigration lawyer Katherine Smith, who represents the family, called the decision harsh, highlighting the severe consequences of an invalid application. She is now preparing to launch a judicial review to challenge the ruling.
While the UK government is moving towards an online immigration system, certain applications still require paper forms. However, this is not always made clear, leading to mistakes that can have life-altering consequences.
The Home Office declined to comment on the case, citing its policy of not discussing individual immigration matters.
Olszewska’s family is now fighting to prevent her deportation, arguing that rigid bureaucracy should not separate families in need of care and support.
