Misleading information on UK Visas and Immigration application form

What happened

Mr H, a South African national, wanted to stay in the UK as Mr E's civil partner. In spring 2012 he downloaded an application form from UKVI's website. The form gave details of the fee he had to pay. The only date available for Mr H and Mr E's civil partnership ceremony was also the last day of Mr H's visa. Mr H booked an appointment with UKVI to submit his application form immediately after their civil partnership ceremony, but UKVI cancelled the appointment. Mr H sent his application by post on the last day of his visa, immediately after his civil partnership. But UKVI rejected it because he had enclosed the wrong fee. Mr H sent another form with the correct fee but, because it arrived at UKVI after his previous visa had expired, his application was refused with no right of appeal.

What we found

We did not uphold Mr H's complaint. The fee for Mr H's application had increased between him downloading the form in spring and sending it to UKVI two months later. UKVI had no option but to reject Mr H's application because the law does not allow it to accept applications sent with the wrong fee. Mr H should have checked the fee was correct before he posted the application. UKVI was right to refuse Mr H's second application because when he had made it, his visa had already run out. Because of our investigation, UKVI agreed, exceptionally, to reconsider Mr H's second application. When it did this, it noted that a recent change to the law meant it could now treat Mr H's application as having been made in time. As a result of that change, it granted Mr H's application to stay in the UK.