More than eight months have passed since an Italian-born woman and her 12-year-old son were left in “limbo” by the Home Office after questions surrounding their immigration status severely altered their chance to a future in Bristol. Hielen Tekeste, 44, said, “every aspect” of their lives has been “impacted” by the Home Office “hostilities” after her pre-settled status was refused on grounds of breaking continuous residency following her returning to Italy with her son in 2017 after moving to the UK in 2014.
But now, her ordeal has become a matter of urgency as her son’s immigration status stands in the way of him receiving critical medical treatment in Italy at the end of next month. The 12-year-old, known as ‘DR’, who was born with a congenital condition, rejoined his mum in December 2021 a few months after she returned back to the UK and is awaiting a High Court decision to confirm his custody with Ms Tekeste in the UK on December 5.
Ms Tekeste submitted a joint EU Settlement Scheme (EUSS) application In December 2020 but it was sadly refused in May 2021. Despite submitting an application for an administrative review of the decision, she received a letter in May this year stating that the refusal of her EUSS was still in place and her son's case had to be considered separately. Shocked by this, she launched an appeal stating that since her EUSS submission she has “experienced unnecessary burdens, delays, and administrative errors”. All of these have taken a toll on her emotionally and financially as she does not have access to public funds and has spent thousands of pounds trying to survive.
READ MORE: Home Office EU immigration problems making woman feel like 'third class citizen'
After Brexit, free movement for EU citizens came to an end which meant they no longer had the same rights as before and were required to apply to the EUSS in order to secure their right to continue to live lawfully in the UK. She said: “My basic rights are very limited and all the rights that I was supposed to retain - I don't have them. Bristol is our home and we wish to continue to live here.”
A Home Office spokesperson told Bristol Live that they "do not routinely comment on individual cases" and according to the organisation "the EU Settlement Scheme has been an overwhelming success, with over 6.7 million applications received and over 5.9 million grants of status made by 30 June 2022".
Ms Tekeste applied for an NHS work position but was recently told that they could not confirm her right to work. She said: “My family and friends cannot believe that I have ended up in this situation. Not being able to travel or work. I’m an academic and I struggle to apply to anything because of my status. It's undignifying having to explain to HR my legal situation.” She said she cannot physically or mentally sustain another dispute in court and is desperate to restore normal life in Bristol. “We don't have a place to go back home because I don't have one,” she added.
Last week (November 23), she received an Immigration Appeal Hearing listed with the Home Office for January 5, 2023, but is terrified about her son missing vital treatment in Italy on December 23 since neither of them has been granted pre-settled status. “I am afraid of what could happen - this can be good or bad news since my child custody depends on my legal status,” she added.
Over the last few years, Ms Tekeste has reached out to a number of organisations for advice on her ongoing rights restrictions involving EU citizens such as the3million and Black Europeans.
Andreea Dumitrache, spokesperson for the3million, who represents EU citizens in the UK said: “It is irresponsible for the Home Office to keep EU citizens in limbo, for months on end, with no resolution in sight. We were promised our rights would not change after Brexit and it is clear people without a granted status are now suffering, being denied basic services and fundamental rights.
"Unfortunately Hielen’s case is not isolated, but rather part of the distressing delays people experience. At the end of June 2022, 225,360 applications were waiting for a decision. Behind every application, there’s a person whose future in the UK is uncertain.
“The hostile environment enforced by the government leads to employers, landlords, banks, education providers and others being reluctant to provide services to anyone without a granted status, infringing people’s rights. At the beginning of 2022, only 26% of admin reviews to the scheme were concluded. From those decided, 54% of decisions were overturned, granting people status. Administrative reviews are supposed to be quick, with a traditional service standard set at 28 days. Now a majority of people are waiting between 6-12 months.
“The government needs to take responsibility and honour the Withdrawal Agreement they have entered into after Brexit, properly resourcing the EU Settlement Scheme and treating people with respect and compassion.”
Ms Tekeste, who describes herself as a Black Italian, claims that she has not been fairly treated by the Home office as someone with protected characteristics under the Equality Act 2010. She said: “As a black European, we have a peculiar situation - we are part of the black African diaspora and we are European nationals so we should be protected twice not once. We should have not been exposed to an additional hardship.”
Bristol Live has approached the Home Office for a comment.
Aké Achi, chief executive for Black Europeans, an organisation that monitors the EU Settlement Scheme & UK/EU policies to identify and challenge institutionalised racism, said: “We have been knocking on all the doors to find adequate support for Hielen, but this has been extremely challenging.”
He continued: “People like Hielen, her child, myself, and other black EU citizens have been facing extraordinary challenges with our applications because of our skin colour. We are not only virtually getting zero support from our Embassies and Consulates, but they are also regularly treating us with suspicion and questioning the nationality many of us have held for decades or since birth. Like white EU citizens, we call the UK our home.”
"However, in reality, If I have to summarise our situation, I would say this, same legal status, but unequal treatment. Bureaucratic racism in the EUSS is the reason Helen's case and many other cases are labelled "complex". If a case is labelled complex, you can be certain that the applicant has a brown or black skin colour. We are considered second-class EU citizens. We do not matter. We have to fight the Home Office through complex legal proceedings alone. Our officials are supposed to assist us but instead find every opportunity to challenge us.”
For now, The mum-of-one continues to wait and urges anyone experiencing similar difficulties with their EUSS application, to not “separate from your family members until you have a final decision made.” In the meantime, she has found a way to help with her health and mental well-being by setting up a mobile fruit and vegetable business called Fairbite to support herself. And with the small income generated she invests it back into the business.
“Through this business, I gained confidence in my ability to create value, employment and growth for my family and the community surrounding me, even in the adverse conditions we are currently living in. I may not be receiving help from the Home Office but I am happy that the Bristol community has shown their appreciation for my work,” she added.
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