Man compensated for loss of his job

What happened

Mr F obtained a residence card from UKVI that lasted five years. In early May 2012 he applied to UKVI for a permanent residence card. To help applicants to live and work in the UK while their application is being dealt with, UKVI may issue a certificate of application (CoA) confirming this. In mid-May 2012 UKVI stopped issuing CoAs in cases like Mr F's, so he did not receive one.

The next month, UKVI decided to grant Mr F permanent residence. In August 2012 it sent the documentation to the wrong address. In June 2012 Mr F's employer asked UKVI's Employer Checking Service (ECS) for confirmation that Mr F had the right to work. ECS could not see that a CoA had been issued to Mr F or that the decision to grant him a residence card had been sent out. So it told the employer it could not confirm his right to work. The employer sacked Mr F in July 2012. He did not work again until early 2013.

What we found

We upheld Mr F's complaint. Because UKVI no longer issued CoAs in cases such as Mr F's, it was important that it issued the residence card quickly. UKVI did not issue the residence card until August 2012. That was maladministration. When it got Mr F's application, UKVI's computer system defaulted to an out-of-date address for him, so he did not receive his residence card until early in 2013. That was also maladministration. As a result, Mr F was unable to prove his right to live and work in the UK.

Putting it right

UKVI apologised to Mr F and compensated him for around £5,500 lost earnings between August 2012 and early 2013.