Anna’s Story | After three years living in limbo, we’re faced with even more paralysing uncertainty

When Britain voted for Brexit, my son and I were well integrated in our North London neighbourhood and I thought we would have no problem. That summer, he passed 11 GSCEs, achieving As and Bs in all subjects. 

We had moved to London from Italy in 2012, mainly because I wanted a more diverse environment for my son, who is mixed race, and more options for his future. He moved on to A-levels, had a steady girlfriend and was a top player in his rugby team.  In 2018, Student Finance backed his application and in October he left home to study for a Psychology degree at a good university – life was sweet!

Suddenly, in early March 2019, my son was arrested and charged with very serious crimes. There seemed to be an assumption that he was part of a gang, and under Joint Enterprise charges, he was arrested for dubious crimes that allegedly took place in his presence. He was held in custody for three days without me knowing. 

An immigration officer visited him in jail to inform him that he might be deported. Despite a clean record and numerous good character references, he was denied bail and spent six months in prison. It took three trials and three years to clear his name. 

The first one, in the autumn of 2019, lasted three weeks before the jury was dismissed for bias and my son finally released on bail. His passport and National ID were kept by the Police and his curfew was enforced through an ankle monitor. 

The University he had attended for 6 months would not allow him to study online or sit his first year exams until the criminal case was resolved. However, he will have to pay for the full year. With over 10k in student debt, he successfully applied for a retail job, but could not work, because employers would only accept his passport as proof of nationality.

I applied for Settled Status in August 2019 and obtained it in less than 48 hours. My son could not apply without his passport. We thought we might as well wait until the trial was over.

The second trial was in full swing when the national lockdown took place in March 2020: we got to hear the prosecution case again, but before the defence had a chance to respond, we were sent home. A new trial was scheduled for January 2021. Of course, that too was hit by another national lockdown. With less than three days' notice, we were told that the trial had been moved to January 2022. 

Not wanting to miss the 30 June deadline for the EU Settlement Scheme, we applied through the courts to get my son's passport released and in April 2021 he was able to submit his application through the phone app. About a month later, he received an email with a Certificate of Application, explaining that no decision could be taken until the outcome of the criminal case was known.

In March 2022, after nearly seven weeks of trial, he was finally acquitted of all charges. Seeing us hugging and crying outside the courthouse, as we told our friends and family the wonderful news, several jurors felt they had to stop by. They let us know that there had been no discussion on my son's case: all jurors were convinced that he was not guilty. This made us feel wonderful. He was free, he was believed. Now, only one last hurdle to his full freedom: the Home Office.

He updated his Settled Status application at once, providing all required documentation. It is now August and we still haven't had any more news from the Home Office. After spending three years in limbo, with his freedom restricted, more paralysing uncertainty is the last thing anyone needs. The trauma of six months in jail and the inability to work or study have already taken a huge toll. 

Despite the difficulties, my son has decided he wants to pursue a University degree, which he is self-funding this time around. He is planning to study in Holland from September – something should be allowed to do without losing his status! 

I feel very angry that the Home Office has its priorities so wrong – it can find the resources to send someone to terrorise him under arrest, but not to resolve his immigration status? 

I think it is very important that we share our stories, and as much information as possible about our relationship with the Home Office. Let the public know how the Hostile Environment greatly affects our lives.