UKVI did not give wrong advice but paid compensation for subsequent poor communication

What happened

Mr E is from Poland and has lived and worked in the UK since 1996. In 2013, Mr E wanted permanent residency in the UK and he phoned UKVI's helpline to find out what documents he needed for a successful application. He alleged that UKVI told him the documents he had described to it were sufficient. Mr E submitted his application on that basis, but UKVI refused it on three grounds, one of which was wrongly applied.

Mr E wrote to his MP setting out what had happened, and the MP's office asked UKVI to review its decision. UKVI did so and sent Mr E a letter by recorded delivery confirming its refusal on two valid grounds. Royal Mail confirmed this letter was never delivered. Mr E asked his MP what was happening and the MP's office asked UKVI for an explanation. UKVI replied that it had informed Mr E (the recorded delivery letter). The MP's office asked UKVI to resend its letter to Mr E. It eventually did so, but the letter did not include information about his right to appeal. It was not until several months later that Mr E finally received a letter from UKVI refusing his application on the correct grounds and with information about his appeal rights, and an apology for its errors.

What we found

We partly upheld Mr E's complaint. UKVI had given Mr E correct advice in the phone call. UKVI had recorded the call and gave us a transcript which showed that Mr E had not told UKVI what documents he had. We did find fault with UKVI's error over the grounds for refusal, and its failures to include appeal rights, promptly reply to the MP's office and make sure Mr E received its decision letter. All this caused Mr E stress and frustration.

Putting it right

UKVI apologised to Mr E and paid him £100 compensation for the stress and frustration he endured.