Compensation from UKBA / Home Office Post-Tier-1 Application

[BatteriesNotIncluded]

(Admins: Was unsure whether to post here or under General Immigration as it involved a Tier 1 visa as the application. Searched and couldn't find a definitive answer, picked here, hope it was OK!)

Hi all!

I have recently been on the winning end of a legal battle to get my Tier 1 visa approved (which was originally rejected on a technicality that took two appeals to rectify, involving myself being self-employed and proving my income before the end of a tax year. It was ridiculous). Events unfolded as follows for reference:

Nov 2010 – Application sent to UKBA
Jan 2011 – Application refused and appeal lodged
Apr 2011 – First Tier appeal held
(seven months pass, the dates aren't wrong here sadly)
Dec 2011 – Upper Tier appeal held
Mar 2012 – Pre-action protocol lodged
Apr 2012 – Call from UKBA asking for applicant’s passport and photographs
Apr 2012 – (Two weeks later) Passport with visa arrives

I was represented very well by an agency that I believe is also active on these forums, and have no complaints about their professionalism. However, because of them taking on a lot of new clients recently they have only been in sporadic contact with me in the last two months and it's only now become clear that they won't be able to help me further with a potential compensation claim now that my visa has been issued. I am writing to ask a few questions that I hope this forum can help me answer:

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* How long after I receive my passport with visa, do I have to complain and legally request compensation from the UKBA? Is there a time limit on how long I have to appeal? I especially want to know this because it will soon come up to three months since I received the visa and I want to be able to sort this out as soon as possible (I have been abroad for a while).

* Can anyone recommend an agency I can approach to assist me with my compensation claim? For reference, the agency I used throughout this process so far was Medivisas who said they would not have the time to help me follow-up - so I need somebody else to assist me. I suspect the majority of the work would be a legal calculation of what I am entitled to be recompensed for (calculations for emotional distress such as being unable to fly to see family, in addition to business travel opportunities that were not able to be taken up, etc.) followed by entering into correspondence with the UKBA to discuss a potential settlement (or to court if it comes to that).

* Is it worthwhile attempting to do the research and calculations myself and submitting my complaint and compensation claim alone? I am worried that I am less likely to receive a credible response because I am not being legally represented by another party.

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Thanks in advance!

[asim72]

The company that you have mentioned is an OISC registered firm. They can only represent you in immigration matters. They can also put a complaint, but they are not competent to deal with a case where you are asking for damages, and the matter goes to court.
This kind of a case is not an immigration matter.

[asim72]

Also let me add, that because you have won the legal battle, it does not automatically mean that you are entitled to compensation.

[AUHS]

Ukba don't care about any thing.

I got my Tier 1 after nearly 3 years of battle .

First tier tribunal

Than pre action protocol for JR

Ukba agreed to reconsider

Again refused after 6 months

Again first tier tribunal

I applied in 2008 but received on 2011.

1 thing is good that I received according to the rules in place in 2008.

You will waste your time and possibly money in my opinion.

You should thanks to God.

And keep calm and carry on.

[BatteriesNotIncluded]

Thank you for your replies so far, although some of my questions are still outstanding. Does anyone have any indication as to what the time period is that I have should I wish to make a complaint? Is it longer than three months?

I am also well aware that just because I have won the legal battle it doesn't mean I am entitled to compensation, but in my particular case I believe I have a strong case backed up with proof of undue delays in writing from the UKBA. Whether my evidence is sufficient to win compensation is a legal matter and not something I would expect to be answered here.

[4uvak000]

In accident compensations it is possible to file the claim withing 3 years since accident happened. Probably it is the same in immigration.