Claiming a Refund from UKBA

[SpokenHands]

Hello:

This may be an incredibly naive question but i would like your thoughts please:

Is it possible to get a refund of visa fees if, due to an unlawful decision on part of the UKBA, one has to incur additional visa fees and expenses to maintain lawful immigration status, right to family life and work in the UK?

CONTEXT
My HSMP visa extension into Tier 1 General was refused in 2009 as I did not meet the maintenance requirement under 5 days in the 3 month period. I subsequently made a successful out-of-country Tier 2 application after going through the RMLT process with my employer. However, in 2010 when the Pankina judgement found the change in maintenance fund requirement had been unlawful, I was granted a Tier 1 General visa, the short gap out-of-country was regularised, and i was able to secure my ILR in Feb 2011 without any delays.

QUESTION
Could i write to the UKBA via my MP or the complaints process to seek a refund of
1. My original Tier 1 application fee and/or
2. My Tier 2 application fee (out-of-country) and associated expenses
3. Is there a maximum time-period within which these issues are dealt with
4. What is the best process for this?

I would appreciate any reasonable comments on the subject.

Thank you.

[geriatrix]

See also Refund from UKBA

[SpokenHands]

Thank you. Very useful.

Are there specific details on the process:

> Refund request directed to the Case Section or through the Complaints Procedure?
> Wait for a response and, if required, direct to Ombudsman?

[geriatrix]

Someone who has gone through the procedure or knows about it can advise on specific procedural questions. I am not amongst them.

Wait for others, experienced in the matter, to respond. And, no harm in sending a PM to member Tier-1.

[SpokenHands]

Thank you. I have written a PM to Tier-1 as you suggest and await guidance from others here. Appreciate your time on this.

[SpokenHands]

At this time, I believe i need to make an official complaint using the standard complaints procedure detailed here:
http://www.ukba.homeoffice.gov.uk/about ... complaint/
Click the button for "Unhappy about standard of service" for all details

It asks that I provide the following information:

• your name and full contact details;
  full details of the complaint (including times, dates and places);
  the names or identifying numbers of any UK Border Agency staff or contractors' staff who you have dealt with;
  details of any witnesses (if relevant);
  copies of letters or papers that are relevant;
  travel details and other information (such as your date of birth and your passport/travel document number, if you are an applicant) that are relevant to your complaint; and
  any relevant UK Border Agency reference numbers.

For all In-Country complaints, I am asked to send it here:

UKBACustomerComplaints@homeoffice.gsi.gov.uk - we are likely to respond more quickly if you send your complaint by email;

or

UKBA Complaints Allocation Hub
Lunar House
Wellesley Road
Croydon
CR9 2BY

Out-of-country complaints must be sent through details on Country Finder
on the website here:
http://www.ukba.homeoffice.gov.uk/countries/


If i do not receive a satisfactory response, I am asked to get in touch with the Parliamentary Ombudsman through my MP

Good details on the complaints procedure to be found here:
http://www.ukba.homeoffice.gov.uk/about ... complaint/

Relevant paragraph from above webpage:
If you can show that you have suffered financial loss as a direct result of an error we have made, you may be able to claim reimbursement of the costs you have incurred. We will only consider reimbursing you for these costs if they were reasonable, unavoidable and a direct consequence of our actions - and you will need to provide evidence such as original receipts.

[SpokenHands]

Has anyone ever received a refund from the UKBA for their errors?

My letter has now gone off to the UKBA, CC to my MP, and I expect a response within 20 days saying I would be ineligible, following which the matter goes to the Parliamentary Ombudsman via my MP. Its about £3000 in total but i am determined to recover the loss.

[SpokenHands]

Very good reading to ensure your complaint is dealt with correctly and fairly.

It also suggests what to expect so I would strongly recommed this is properly read and understood before you make a complaint, or consider approaching your MP or the Parliamentary ombudsman.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[tier-1]

Hello SpokenHands, As I have told, 20 days is not officially binding on UKBA, 12 weeks is.

Patience is the key kinds of claims. Also I have replied to your PM.

[OlaDPounds]

Hello friends please I have a quick question to ask the forum.

My cousin sister recently received are LR based on her British child after certain scenario how the UKBA lost her documents, the letter they wrote to her to get replacement of passports and how she can claim all this cost back. Eventually she make an online application for replacement of passport to our country Passport commission and on the same day was when the UKBA sent a letter out that they have found all the documents again while the letter was received 2 days later.
Now we have tried claiming refund from the company handling the online registration and payment but they told us we can only get refund for mistaken multiple payment and yet we have spent money on phone calls to America as the company is situated in the USA and also we have sent loads of email with no acknowledgement nor reply so no we intend to claim this money back from the UKBA. Its a small amount of money thought but it will actually buy her son some nappies lol. Total cost for the application is $65 and £20 for calling cards and travel card to our country passport service and also don't know if we can ask for a compensation for inconvenience but the problem on our side now is that we did make the photocopies of the letters they send to us because they requested the letters back as soon as the documents were found but we didn't realised she did not copy the claim and compensation address on the next page of the letter.

Does anyone know the address for the claim and compensation department? its an FLRO application. Thanks.