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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10398
Experience:  Barrister 17 years experience
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I have just been given British citizenship via British Decendency

Resolved Question:

I have just been given British citizenship via British Decendency (my mother was born in UK) after paying visa fees etc for an ancestral visa. I have been told that the Home Office should have picked up immediately that my mother was British and therefore I should have been informed by the HO that I need British Decendency. My question is can I claim all the fees and expenses accrued due to this mistake? Secondly, due to the issues of my visa, I have not been allowed to work for two years and have had to use up all my savings. I cannot get help with any benefits as my husband (a gardener) works full time and I part own a house with my son.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****tine, in these circumstances, I would advise you to write to the Parliamentary and Health Service Ombudsman and seek compensation for the bad service provided by the UK Border Agency. This Ombudsman exists to improve public services in the UK and also to provide compensation where there has been a wrong which has occurred due to errors by the public services, as here.
Expert:  Buachaill replied 1 year ago.
2. The bot***** *****ne is that you would have been entitled to benefits for the two years you were not allowed to work, as you should have been regarded as a Uk citizen for those two years if your visa application had been properly processed. This would be your minimum loss. In addition if you could show you had a job available to you to work, then you would be able to claim the value of the loss in entitlements from not having a job.
Expert:  Buachaill replied 1 year ago.
3. Go to www.ombudsman.org.uk where you can fill in an online complaint form. However, be aware that not all cases attract compensation. The Ombudsman has been slow to grant compensation to members of the public except in very clear cases.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10398
Experience: Barrister 17 years experience
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