EU Helpers states that Da Silva's attorney has stated that his client's case can support the UK's hostile environment stance toward EU nationals, as reported by the Guardian.

Da Silva's employer, Domenic Tomeo, who brought him on board in 2007, claims to be close to the Portuguese plumber.

In 2019, Da Silva attempted to apply for EUSS via the Hom Office app, but his Portuguese ID card was not scanned; he also applied for a new ID card, but this did not resolve the issue.

He attempted to apply online as well, but was unable to do so due to not having the necessary devices. As a result, he contacted the Home Office to inquire further. Nevertheless, Da Silva's speech impairment prevented him from being understood by those at the Home Office.

He applied on November 7 after at last locating a community organization to assist him, but it was turned down more than two weeks later.

Even though Da Silva clarified that his speech impediment was the reason for the late application, the officials did not think this was a good enough excuse for the delay. Instead, they listed 11 demands for Da Silva to fulfill because they believed he was in the country illegally.

Da Silva may be subject to penalties, arrest, incarceration, or possibly expulsion from the United Kingdom. Furthermore, he is unable to file an appeal against the denial.

Da Silva's attorney, Naga Kandiah, has filed a lawsuit contesting the denial, claiming that it is in conflict with the terms of the EU withdrawal deal. She also urged the Home Office to grant her client's application and grant an appeal opportunity in certain circumstances like this one.

The Home Office tightened the standards for what constitutes a valid justification for a late application.

9,470 applications were judged "invalid" in August, which is a three-fold increase above the 2,943 monthly average in prior months. September saw an almost quintuple increase in invalid applications to 13,930 above the previous month's average.