Wrong visa advice stranded man for two months

What happened

Mr W had indefinite leave to enter the UK. He and his wife, a British citizen, decided to visit South America but when he tried to board the plane with a new passport to fly back to the UK, the airline would not let him board. Visa staff at two British embassies incorrectly told them that Mr W's visa had expired and he needed to reapply for settlement. When he submitted a settlement application, they told him it was the wrong application and that he needed to apply for a returning resident visa, which he then did. He could then return to the UK.

What we found

We partly upheld this complaint. An airline has the right to refuse to carry a passenger if it is uncertain about their immigration status, so Mr W would have had to apply for a returning resident visa once the airline refused to let him board. However, he was misadvised several times by the visa staff at two different embassies and was mistakenly told to submit a new settlement visa. Errors by staff caused delay and a great deal of stress and anxiety. Mr W also lost about two months' earnings because he was unable to return to the UK and go back to work immediately after his holiday and both Mr and Mrs W struggled financially during that time.

Putting it right

UKVI apologised to Mr W, agreed to reimburse him £2,088 for his lost earnings and to make a consolatory payment of £1,000 in recognition of the distress and extra costs he incurred as a result of its mistakes.