Another lovely experience with the home office

Just wanted to share an experience I've been going through recently with the home office. I'm sure many of you can relate, especially those of us who were waiting for a spouse visa during 2012/2013. It can be frustrating dealing with these folks!

Alright, so last summer, I was finally able to find a job. It wasn't that great and the pay/hours were dreadful. So what'd I do? I found myself a fancy new job. The start date was in two weeks' time, so I had enough time to put in my notice and make the transition nicely. This was in November (so I was starting in the beginning of December).

Very long story short(er), the new employer needed more documentation about my immigration and status in the UK before I could start working for them (it was for a bank, so they were thorough). I was told that I couldn't start in December as planned, and that I'd need to wait until the next start date, January 23rd. I was annoyed at this, but hey, what could I do?

I did some looking around and decided that the best way to get the information I needed was to send in a Subject Access Request to the home office/data protection unit. I requested to be sent ALL documentation they had on me. The form said they aim to get the information requested out within 40 days. I did some checking, and found that there was enough time for me to get the documents in to the employer, going by this timescale. The form also said I'd receive written acknowledgement of the receipt of my request, which was delivered December 4th.

Weeks went by. Nothing. I wrote to them to ask what was going on. I told them I hadn't even received confirmation from them that they had my request, like they said I'd get. They blamed it on Royal Mail, but didn't have anything to prove they'd sent the request. I just let it go.

40 days came and went. The would-be employer told me that unfortunately, January 23rd was their last start date, and although they'd already offered me the position, I couldn't work for them. So I've found myself unemployed now. A few weeks later, I received a packet from the data protection unit. I sighed and thought, "A whole lot of good this'll do me now". I saw on the envelope that it was sent 49 days after they received my request. Not within the timescale specified.

I open up the packet and find that, big surprise, they sent me a whole lot of nothing. They sent me the information from when I was detained and refused entry at Heathrow in 2012, along with the transcript from the interview I had with a security agent that day. The only other thing they included was the application of my fiance visa, which was made before I ever even immigrated to the UK.

This cannot be ALL the documentation they have on me. It's not even close. So, I wrote to the home office/DPU to request that they return my ten pound fee I paid for services not received. They ignored my first email. I left it for about a week before writing again, asking (very politely, mind you) to have the ten pounds returned. I got a reply today. They basically said, "Can you tell us what documents you think you didn't receive? By the way, we think we held up our end of the deal, so we're not returning the fee".

I wrote back, explaining again the three issues I've had (not received within timescale given, not all documents received [I even specified in writing on the request form that I absolutely need documentation acknowledging my spouse visa application], no written confirmation of receipt of application like I was said I'd get).

We'll see what they say, if anything. I'm not expecting much. It's not so much about the money, although I could use it since now I'm unemployed thanks to this fiasco. It's more about taking a stand here against horrible service. Why should I lose money when they failed so horribly to do what they said they'd do?!

Anyway, I know this is a long story. Thanks for reading, if you made it this far! Just thought some of you guys would like to hear a story. Like I said, I'm sure a lot of us here can relate.

I can understand why you are angry about this, but... I can't understand why you did a SAR.  Couldn't you just show your new employer your passport?   

Nope. What the employer needed was proof that I:

-Applied for the spouse visa when I said I did

-Was granted the visa when I said I was

-Was unable to work or volunteer while waiting for the visa

I tried to explain to the employer that all the proof they needed could be found if they allowed me to just show them. I basically said, "I can prove on the border agency's website that a fiance visa is only good for six months. I can show you my fiance visa, where it shows the day it was granted and the expiration date. I can show you my marriage certificate that shows I got married in that timeframe. I can show you that I was granted the spouse visa on the day I said I was, because I have my Residence Permit right here in my hand and it shows it on there. I can show you on the UKBA's website that you cannot work while on a fiance visa."

I was literally able to prove EVERYTHING they needed, but they wanted it specific to me. In other words, they wanted everything to have my name on it. So showing them info on the website that outlines what I could and couldn't do while waiting for my spouse visa was unacceptable to them, for some reason. It was really frustrating because they wouldn't accept legal documentation which the home office had already granted me (fiance and spouse visas/residence permit), but were requesting other documentation from the home office instead.

Nope. What the employer needed was proof that I:

-Applied for the spouse visa when I said I did

-Was granted the visa when I said I was

-Was unable to work or volunteer while waiting for the visa

If they needed to find out this information, UKBA have an employee checking service that could probably have answered all those questions for them within a week or two:
http://www.ukba.homeoffice.gov.uk/business-sponsors/preventing-illegal-working/checking-brp/

Also, did you not keep your records of correspondence with UKBA, which you would have been able to show to the employer as further proof:

- the paperwork you would have been given when you were refused entry
- the letter in your name that you should have received confirming receipt of your FLR(M) application
- your biometrics invitation letter in your name
- any letters in your name that may have come with your BRP and documents when they were sent back to you after the visa had been granted

I wrote back, explaining again the three issues I've had (not received within timescale given, not all documents received [I even specified in writing on the request form that I absolutely need documentation acknowledging my spouse visa application], no written confirmation of receipt of application like I was said I'd get).

Just thought: perhaps the reason you didn't get an acknowledgement of a spousal visa application because you have never actually applied for a spousal visa. You applied for a fiance visa, and then an FLR(M) visa - neither of these is a spousal visa.

A spousal visa is only issued outside the UK, it costs £851 and is valid for 33 months (27 months under the old rules). FLR(M) is only issued in the UK, costs £578 and is valid for 30 months (24 months under the old rules) - they are different visas, with different names.

You applied for an FLR(M) visa, not a spousal visa, so when you asked for evidence of your spousal visa application, perhaps there was no record of you applying for one (because you applied for FLR(M) instead) - so they may have thought you meant fiance visa and sent that application information to you instead. Not that that excuses them not sending the FLR(M) application information if you requested all information though.

Gosh Tommy.  Bit harsh from the bank.

You have permission to work in the UK, which they can easily call and verify with the UKBA.  Shame that wasn't sufficient and they removed their offer.

I hope something much better comes along for you!

Ksand24, as usual, I'm impressed with your helpfulness and insight. A few things:

I wrote to the DPU leading up to my supposed start date of January 23rd, asking if there was ANY way they could either get my documentation to me before that date, or if they could contact the bank (which is a pretty well known bank, I might add) and verify what was needed. They said that no, they wouldn't be doing that, and that I'd just have to wait and see if my documentation gets to me in time.

I did have documents from when I was refused entry. It was irrelevant, though, because I was refused entry when I was just coming for a visit. That was before I applied for any visa of any kind, and before I immigrated to the UK. It would have been no help in this situation.

Unfortunately, I didn't keep the paper saying they had received my FLR(M). That paper alone probably would have solved this whole issue, but I couldn't find it. I do have the paper asking for biometrics, but the bank wasn't interested in that, and I have the paper that came with my residence permit. Again, the bank wasn't interested in that.

Regarding your last few thoughts: Maybe I was unclear. I wasn't asking for confirmation of receipt of a spouse visa application. I am referring to the Subject Access Request. On the request form, it says on the last page that I'd receive written confirmation that they had received my request. This never happened, and like I said, they blamed it on Royal Mail (said they probably lost it).

"Not that that excuses them not sending the FLR(M) application information if you requested all information though."

My thoughts exactly. I gotta say, if they weren't able to find any other data on me due to me saying "spouse visa" rather than "FLR(M)", then they've got a pretty horrible was of organizing everything in their database. I assumed that by checking the box indicating "all documents", I was indicating that I wanted...all documents. I find it very, VERY hard to believe (impossible, actually) that the Data Protection Unit of the UK Border Agency has no data on me post-fiance application. I mean, that was before I even entered the country. Since then, I'd applied for the FLR(M), received my residence permit, and applied for and received a National Insurance Number. They really don't have any of that? No. That doesn't fly. Not saying you're suggesting that, I'm just ranting.

Nope. What the employer needed was proof that I:

-Applied for the spouse visa when I said I did

-Was granted the visa when I said I was

-Was unable to work or volunteer while waiting for the visa

Why did the employer care about your immigration status before you were going to work for them?

Why did the employer care about your immigration status before you were going to work for them?

By law they have to make sure that the people they hire have the right to work in the UK.

Tommy25, I work for a bank as well, and I know how bitty and petty they can be about their hiring guidelines.  It's really crap that they pulled their job offer... their HR department should have known that there is a procedure in place to check things like this with UKBA.   Hope you can find another job soon!

Thank you. Hopefully I find something soon. What's more, my husband works for the bank that was going to be hiring me. He's one of their top performers in his department. I know that doesn't go a long way regarding my immigration history, but...meh.

Just an update, I got a response to my latest email to them today. They are now asking me to provide proof that I applied for an FLR(M) in August of 2012. Um...that's what I asked them for in the first place. I don't have proof of that! They are also keeping up this outright lie that they've sent me all documents. They are claiming they've sent me proof of my FLR(M) application...so why are they now asking me to prove to them that an application was made in the first place?! My goodness...dealing with these people is so stressful. What requirements and qualifications are needed to get a job with the home office, I wonder? What level of education is required? I'm surprised they don't send letters written in crayon.

Whatever. I'm not even going to write back. I'm talking to a brick wall. I didn't even expect to get my money back anyway, and I'm getting nowhere. All that's happening is I'm getting riled up. There's no point in pursuing this any longer. Can't wait until I get citizenship so I can stop having to deal with things like this!

Can't wait until I get citizenship so I can stop having to deal with things like this!

Well there are a lot of disturbing things here. First of all it is a bit telling that the HR department of the bank doesn't know (or doesn't acknowledge) that there is an official way to determine an applicant's legal standing. They should. If they do know about this and they choose instead to make it onerous on a migrant applicant to "prove" they have the ability to work in the UK then I think it brings up questions about the ethical practices of the bank (can't believe I typed that) and about the state of immigration where businesses feel threatened to the point to where they feel they must be hard on migrant applicants.

We all know that as immigrants we "chose" to move here, and therefore accept the limitations of rights/etc., but that does not remove the ethical requirements of Government and business to treat people with respect and fairness. This pathway leads to racism/bigotry and all the accompanying abhorrent effects.

We are now faced with similar requirements for access to health care and housing, and I can't help but picture a sick person, legally here, proof of residency in hand, being turned away because admin feels more is required.

Your situation - besides being really sh*tty - is a harbinger of dark things ahead for the immigrant community, and even worse, a general turn towards hatred and intolerance. It goes without saying that really bad things happen by small degrees.   

@ sonofasailor

Agreed!   It's so unfortunate that it's actually happening. 

This is my greatest fear and as someone here on an EEA family permit (with an unmarried partner to boot!), I am more or less prepared to have it happen at least once.  Actually this week I had the pleasure of explaining to the HR of a well-known Scandinavia-HQd consumer goods company about what the permit was about, what my rights were, and options for understanding more etc.  Still, I can't imagine that not having a "clear cut case" of being a citizen from this side of the world is really helpful.

Sonofasailor has it right on.  There is an immense amount of emotion over the immigration situation here, and I can imagine plenty of people willingly choose to be ignorant or indirectly discriminatory of immigrants and their rights.  The rules change all the time in knee jerk reactions to some public outrage or other so that neither side ever has the right information at any given time.  UKBA are overworked and underpaid, and couple that with anger about "dictations from Brussels" and you get a lot of people dragging feet, unsure of where files are, long delays and inaccurate judgements costing honest people time/jobs/money and straining relationships.  I have to give up my passport soon for up to 6 months (or maybe more, who knows!) to get my residence card. That makes me extremely nervous and essentially traps me in the country (yeah, I can request it back but still). Whatever system they have got set up, its just not working.

I always picture the UKBA/HO offices as being stuffed full of paper like some corner accounting office in Delhi, with only an ancient computer terminal in the corner no know knows how to use, piles of files strewn about.  Say what you will about the US system, but we always received communication letters on time about where my partner's GC and citizenship application was in the process and the US worked well to their stated time targets, which were routinely updated on a weekly/monthly basis.  Here?  The quality of the workers and the crappy systems are a giant F-U to immigrants (and if you are dealing with these people, then you are likely non EU) in the hope that with enough frustration, you will eventually give up and go home. Does anyone remember the major hullabaloo about the computer systems they were supposed to install (this was maybe 10 years ago now) that was overpriced and didn't work?

I hope you are able to find a new employer soon - what did the first employer ask for proof about your status?  How come their HR wasn't as clueless as the large bank?

@ BertineC

You have it right on as well.