Whose responsibility for correct application?

[inthewaitingroom]

Two and a half years ago my British born husband was transferred to work in the UK. As his Canadian wife I went online to see what I needed to do to come with him. I went through the online questions on the immigration site that asked what country I was citizen of and what was the status of my spouse. It then said I needed to apply for a spousal visa. He had to come ahead while I stayed in Canada waiting 2.5 months for the visa.

As most of you would know I had to send documentation showing proof of his citizenship, our marriage certificate and all the usual financial info.

Now, 2.5 years later I was about to apply to extend my visa with the help of an immigration lawyer when a fellow Canadian casually said "Sure glad I was able to come in on a Right of Abode". I'd never heard of such a thing, and when I looked it up (assuming it was an old rule that had changed over the years), was quite surprised to discover that having been married in 1980 I actually DID qualify for RofA. NO ONE, including my lawyer and all the various immigration people I've spoken to, who would all have seen my marriage cert. my passport and husband's citizenship, ever mentioned RofA. I was consistently told I needed a visa. Asked my lawyer if I qualified and was told yes, of course. She hadn't mentioned it because she had assumed if I was eligible I wouldn't have had the spousal visa in the first place!

Now I'm a bit cranky about it, thinking about the money involved, time, anxiety, all of which could have been saved if the online questions about what I needed to have had said "Commonwealth citizen - check, British born husband - check, insert question - year of marriage". Or if the person processing my appln. had looked at the documents and realized I didn't need the spousal visa. Though in that case they probably were thinking they would bring in more money if they kept quiet, even assuming they actually thought of it in the first place.

I know there's the usual "Ignorance of the law is no excuse" thing, but how can you find out about something that you've never heard of? Shouldn't immigration workers have at least some responsibility to point out an alternative if it exists?

[Wanderer]

For Right of Abode you basically need to have a British parent (or a few other more convoluted types of BC) and be a Commonwealth Citizen prior to 1983, or been married to man with RoA prior to 1983. Does this apply?

[inthewaitingroom]

Thanks Wanderer. Yes, I do qualify and have applied for Certificate of Entitlement.