A dad who first moved to the UK nearly 20 years ago was stopped from re-entering the country after going on holiday back to Poland.
Maciej Szulczynski has lived between both countries since 2004 before deciding to make Britain his permanent home in January.
He then submitted an EU Settlement Scheme (EUSS) application, as per Brexit rules, which limit movement.
However, on leaving the country temporarily in April he was told on return by border officials he can’t come back at all until the final decision on his status is made.
Six months on, the 49-year-old is now waiting in limbo in his country of birth and struggling for money having had to forgo a major construction contract in the UK.
His sister Joanna Blackey, who lives in Caerphilly, South Wales, told the Mirror: “It’s ridiculous. Why did they let him out without telling him? If he knew, he wouldn’t have gone.
“Even the people in customs couldn’t explain clearly why he wasn’t allowed back.”
Have you had a similar experience to Maciej? Let us know at webnews@mirror.co.uk
Having travelled through the Channel Tunnel on May 5, the dad-of-four was stopped and taken to a holding cell after realising his settlement status was pending.
He was then driven back to France and claims he was deposited at the side of the road before booking himself into a hotel in Calais.
Two days later he was transported to Poland.
Joanna said: “I took annual leave as I said I’d pick him up from Cardiff and he messaged me and said, ‘I’m not in the UK because they won’t let me’.
“I thought he was joking at first, and I said, ‘it’s not funny’. He said, ‘I’m not joking, I have to go because they are taking my phone off me’.
“They took everything off him and put him in a cell,” continued Joanna.
“They kept him in custody, without his shoes and shoelaces or anything and then they let him walk back to Calais with the luggage.
“He said they let them out on the motorway. There was no pavement.”
Self-employed building insulator and qualified lorry driver Maciej has three children with his previous wife, who all live in Britain.
Joanna and their parents have lived full-time in Wales since 2004 and 2005, respectively.
Maciej married his current wife Danuta in Poland in 2015, before opting to move back there.
However, the couple and Maciej’s step daughter decided to permanently return to Britain at the turn of this year.
Maciej returned to Wales around Christmas, setting up a business and arranging to rent a home in preparation for his family joining him in July once the school year is finished.
He applied for settled status on the basis that his mum and dad are permanent UK residents.
But with the company he’s subcontracted to closed for Easter, he went back to Poland for a couple of weeks while he waited to begin a project installing insulation into new builds.
Joanna, who works for MIND, explained: “When he was checking his settlement status before he left, on the first page it says you can come and go, you can work, you don’t need any special reason.”
However, in small print she said it adds that if your settlement status application is based on family already residing in the UK you cannot return until a decision is made.
Maciej told the Mirror he cannot understand why such a seemingly insignificant caveat exists for those applying via family, but not for others.
He said: “The major question, I need an explanation: what is this law for? No one will tell me and I lost lots of money because of my contract in the UK. I’m in trouble now.
“It’s a really hard situation for me.”
In a letter sent sent to Maciej confirming his refusal to enter the UK, and seen by the Mirror, the Home Office reiterated: “If you applied to the EU Settlement Scheme as the joining member of a relevant sponsor you are advised not to travel in or out of the UK until your application has been decided.”
It goes on to say this does not, however, apply to those issued with an “EUSS family permit or UK-based biometric residence card recognising your family relationship to a relevant EEA or Swiss citizen”.
And adds: “If you have applied while in the UK as a visitor and you leave the UK, you may not be permitted to re-enter until your application has been granted.”
A Home Office spokesperson told the Mirror: "We issued the certificate of application to Mr Szulczunski in February, which includes advice that this type of applicant should obtain a family permit or biometric residence card before travelling.
"Mr Szulczunski has been informed we need further evidence from him and that we cannot consider his application until this is complete."
They went on to add: "Anyone who has made a valid application to the EU Settlement Scheme has their rights protected until the final determination of that application, including any appeal."
Joanna said she and her brother are unaware of the "further evidence" required.
The Mirror has contacted the Home Office for comment.
