Mr D complained about UK Visas & Immigration (UKVI)'s delay in deciding his application. He said that he had been unable to support himself and his partner and that this had left him feeling distressed.
What happened
Mr D, who is from Turkey, came to the UK in 2002 and claimed asylum. His claim was rejected, and he subsequently made an application to stay as a self-employed business person, which UKVI also rejected in 2006. Between 2006 and 2010 Mr D did not maintain contact with UKVI. In February 2010, contrary to its guidance, UKVI placed his case in long term storage without thorough checks to try to establish his whereabouts. Despite receiving documents from Mr D during this time, UKVI left his case in storage.
In spring 2011 Mr D applied to stay in the UK on human rights grounds on the basis that he was in a relationship with a British citizen, but UKVI did not take any action. Mr D wrote to UKVI in summer 2013 saying that he was no longer with his girlfriend and had been in a new relationship for the previous two years. UKVI rejected his application at the end of 2013. Mr D subsequently made two further applications which UKVI rejected. He also made a legal challenge which remains outstanding.
What we found
We partly upheld this complaint.
UKVI could have made a decision on Mr D's case in early 2010. However, it wrongly left it in long term storage. UKVI also failed to deal with Mr D's spring 2011 application within a reasonable timescale. It is likely that if UKVI had concluded his case earlier, it would have refused his application.
UKVI's delay benefitted Mr D as it allowed him to remain in the UK. As Mr D has now received a decision on his application, and has also made further applications that have been rejected, UKVI have dealt with the main effect of its poor handling of his case. We did not find that this had caused him to suffer an injustice.
Putting it right
As we found no outstanding injustice, we did not make any recommendations.
UK Visas and Immigration
UK
Not applicable
Not applicable