MY COMPLAINT TO UKBA

[silverbird]

MY COMPLAIN TO UKBA PLEASE ADVISE IS THIS APPROPRIATE As I can wait to send this to them.

Why am I treated in an inhumane manner.

I applied for leave to remain as I had a spouse here whom I am married to and have a child with.

I applied on 7th July 2012, and sent all required documentation including my marriage certificate. It took UKBA over 1 year to refuse me based on error saying I am not married to my partner without trying to contact me or seek any evidence we aren’t married. I don’t understand why the caseworker would miss such a vital information. I sent my marriage certificate including our passports on 4th September 2012 which I also informed the home office on the initial form they will be sent shortly. The UKBA had over a year after I submitted my marriage certificate but still I got refused without being contacted to seek evidence of marriage (which I already sent).

I had a job with which I was paying my taxes for the better of this great country, unfortunately I lost my job when my previous visa expired. My employer was nice enough to contact UKBA to confirm if I can continue work while a decision is being made on my case, but the UKBA responded saying they couldn’t confirm if I could work, I expect the agent who replied the email to state if I was eligible to work or not. I have been out of work for 2 years because of the UKBA while UKBA makes wrong decisions based on my case.
We recently had a child this year who needs a happy father but UKBA is making me frustrated and depressed including my family.

After my application was refused without proper evidence it took me an additional year to get an appeal date at the first tier tribunal. After a long period of my family and I being frustrated and depressed, I attended my appeal hearing all prepared in August 2014.
As soon as the hearing commenced, the Home Office Representing Officer asked for the case to be adjourned because of the new evidence I provided so they could reconsider.
She said she spoke to her superior that morning and could have withdrawn the decision but didn’t want to put me in limbo.
This shows the presenting officers haven’t prepared for my case as she was still reading through my bundle as we sat at the hearing. All of these appalling services which isn’t my fault but I am being made to suffer for UKBA’s mistakes.
I haven’t had a job for 2 years (the UKBA made me jobless), but we had to source for money for babysitting and to travel far to the tribunal which is really expensive (what we cannot afford at the the moment due to our current situation) but our time and effort was wasted again, because the Presenting officer adjourned the hearing (due to lack of preparation).
It has been adjourned for case management hearing (CMR) for an additional 2 months.
When we attend the CMR in October we may be given another date for a full hearing, I spoke to the tribunal and was informed the full hearing could be next year 2015.
After the full hearing we could wait for several months for an appeal decision, before finally waiting forever for UKBA to issue a residence permit.

Why do I have to suffer all these just because of an error UKBA could have avoided? I am human and have a heart and feelings just like every human, no human should be treated in such a manner.

I have spoken to people for their opinion including a friend in the media.
I believe the UKBA is doing this on purpose to make me frustrated and depressed, I hope i live through next year with the current state i am. Nothing worse than this could be done to a human. I hope I can live long for the sake of my family.

I have contacted the home office several times regarding this issue only to be replied with a generic message saying they will decide my case, I can’t even get in contact with my case worker or any case worker to sort this issue out, this is not fair.

I came to this country in good spirit, I furthered my education and met a lovely wife to form a family, now I have children which is natural and not a bad thing, why will the UKBA say I am not married without evidence or confirmation, this simple expensive mistake which could have been avoided if the case worker carefully considered my application could have been avoided, but instead this mistake is ruining me.

I just want to be happy person as I have done nothing wrong and have applied and supplied UKBA’s requirement only for it to be ignored.
I don’t want to feel this depressed and frustrated as this is a very horrible feeling, the UKBA is making me feel worthless and useless in life, I am glad my wife and kids are the here to keep me going.

I urge you to please hear me out and for the first time let somebody act on this and sort this out.

I would really appreciate to hear back and sort this out as this would save a life

[MPH80]

I doubt the complaint would make any difference to the process you are going through.

The appeal is the correct process to resolve the application difficulties - but it does take time.

Here's my key question:

Why didn't you submit the marriage certificate and the passports at the time of application? What was your immigration status at time of application?

[silverbird]

Thanks for your reply,

My solicitior advised me to make an application before the change of rules on 9th July 2012, so i sent in the form and and we planned to get married since 2011, and the process took long at the registry here. The registry required my passport in August hence why I couldnt send it along with the application. As soon we we got married in August 2012 I sent everything to them.

I am not complaining about the appeal process I know it is painstaking but I am complaining about the way the case was handled at first, they shouldnt have refused me without even making any enquiry of the document which I sent to them.

Thanks

[MPH80]

Ah.

So (I think) the decision of the ECO was correct. You weren't married at the time of application. That, I think, was pretty poor advice from your advisor.

The appeal can now look at new evidence to show you are now married and consider the visa.

[silverbird]

Thanks for your reply, my wife is thinking of getting housing benefit do you think the benefit would affect the appeal decision, or could the ukba use the benefit claim against my claim?
Thanks

[MPH80]

To be honest with you - I don't know. I doubt they would use it as you'd be able to suggest it was their fault you lost your job.

Providing all your applications have been in time (including the appeals) and you've had valid leave prior to that - section 3c should have extended and included your right to work - so you could argue there'd be no benefit claim if they'd given the right answer.

But if the applications were out of time then that might not be an easy argument.