Home Office Error
Posted: Wed Apr 23, 2025 8:56 pm
Hi
Posting this for a friend.
I’m looking for advice on how to challenge a Home Office decision that I believe was based on a serious administrative error.
Here’s a summary of my situation:
• I submitted an in-time visa extension application in March 2020, before my previous visa expired in December 2020.
• The Home Office refused my application on 09 July 2020, but never sent me the refusal letter at that time.
• I was unaware of the refusal and believed my application was still under consideration. So, I remained in the UK, assuming I was protected under Section 3C leave.
• Only after I contacted the Home Office in June 2021 did they send me the refusal letter (dated 01 June 2021).
• Due to this delay, the Home Office later claimed I had overstayed for more than 6 months, which disqualified me from being placed on the 5-year partner route. I was instead granted leave under the 10-year route.
I have since received SAR records that confirm the refusal was made in 2020 and show internal caseworker notes questioning whether the letter had been issued.
This error has caused me significant stress, financial loss, and long-term consequences on my immigration status.
My questions:
1. Can I request a formal reconsideration and ask the Home Office to correct my immigration history?
2. Would this be grounds for a judicial review or administrative review?
3. Has anyone experienced something similar and successfully challenged it?
4. Would it help if I involved an MP or filed a complaint with the ICO or the Ombudsman?
Any advice or experiences would be greatly appreciated. Thank you!
Posting this for a friend.
I’m looking for advice on how to challenge a Home Office decision that I believe was based on a serious administrative error.
Here’s a summary of my situation:
• I submitted an in-time visa extension application in March 2020, before my previous visa expired in December 2020.
• The Home Office refused my application on 09 July 2020, but never sent me the refusal letter at that time.
• I was unaware of the refusal and believed my application was still under consideration. So, I remained in the UK, assuming I was protected under Section 3C leave.
• Only after I contacted the Home Office in June 2021 did they send me the refusal letter (dated 01 June 2021).
• Due to this delay, the Home Office later claimed I had overstayed for more than 6 months, which disqualified me from being placed on the 5-year partner route. I was instead granted leave under the 10-year route.
I have since received SAR records that confirm the refusal was made in 2020 and show internal caseworker notes questioning whether the letter had been issued.
This error has caused me significant stress, financial loss, and long-term consequences on my immigration status.
My questions:
1. Can I request a formal reconsideration and ask the Home Office to correct my immigration history?
2. Would this be grounds for a judicial review or administrative review?
3. Has anyone experienced something similar and successfully challenged it?
4. Would it help if I involved an MP or filed a complaint with the ICO or the Ombudsman?
Any advice or experiences would be greatly appreciated. Thank you!