A Polish woman who had her application to remain in the UK rejected because she mistakenly filled in a form online instead of on paper has been granted permission to stay in Britain after a change of mind by the Home Office.
Elzbieta Olszewska, 80, had been living alone in her flat in Warsaw before arriving in the UK last September. Her only child, Michal Olszewski, 52, an aeronautical engineer and dual British-Polish citizen, who lives in Lincoln with his wife, had been travelling regularly to the Polish capital to support his mother.
As his mother had become increasingly frail he wanted her to move to the UK so he and his wife could care for her properly.
Olszewska arrived in the UK last year on a six-month visitor visa. Shortly afterwards, an application containing the correct information was made online for her to live permanently in Britain with her son and his wife.
On 25 March, the Home Office responded, informing the family: “Unfortunately your application is not valid and we are unable to accept it … The required application process for someone applying as a family member of a relevant naturalised British citizen is to use the appropriate paper form.
“Your application was made online. There is no right of appeal in respect of an invalid application.”
Owing to the delay in Home Office officials informing Olszewska that the wrong form had been completed, her visitor visa had expired and she had become an overstayer.
The letter warned her that the consequences of staying in Britain unlawfully included being detained, fined and imprisoned, along with being removed and banned from returning to the UK.
After the Guardian highlighted the case, the Home Office emailed the correct form to print and post back to them – and within days it approved the application, granting five years pre-settled status under the EU settlement scheme.
A very different letter was sent by the Home Office this time, stating: ‘I am pleased to inform you …” and confirming the right to work, use the NHS and study in the UK.
The case received widespread attention in the UK and in Poland. One elderly British man even offered to marry Olszewska. He said he was not looking for a relationship but wanted to make the offer as a gesture of Polish-British friendship.
Olszewski said: “I’m so happy that this long journey with the Home Office has now ended and the case has been positively resolved. The whole thing has been exhausting but my mother is very happy about the new decision.”
The family’s immigration adviser, Katherine Smith, of Redwing Immigration, welcomed the Home Office decision. “It was very helpful the Home Office considered the new paper application so quickly after it was submitted. The family are relieved and happy they can continue to be together,” she said.
The Home Office has been approached for comment.
