Mr P, from London, had a right to live and work in the UK. In January 2009, to prove that to potential employers, Mr P applied to the UK Border Agency (UKBA) for a residence card. It usually takes a maximum of six months for UKBA to consider an application for a residence card. In April 2009, Mr P found a job in London and his employer asked UKBA if Mr P could work while his application for a residence card was being considered. UKBA told Mr P’s employers that Mr P could work, but to check again in 12 months’ time. Mr P started work.

By August 2009, Mr P’s application had still not been approved. Mr P contacted UKBA, by telephone and letter, to enquire about his application. He complained to the customer services department  and his MP wrote on his behalf.  In response, UKBA apologised for the delay and confirmed that Mr P could work while his application was being considered. However, they did not make a decision on  his application.

Mr and Mrs P told us that by late 2009 Mrs P had started to suffer from depression due to the stress and uncertainty of not knowing if Mr P’s application would be approved. By 2010 Mr P said he and his wife felt like they were falling apart. Mr P continued to chase UKBA about his application and he complained again to the customer services department. He received another apology and was again assured that his application would be dealt with. Mrs P wrote another letter of complaint, but again nothing happened.

In May 2010, as instructed by UKBA, Mr P’s employers again checked whether Mr P could work. UKBA said Mr P could not work while his application was being decided. When Mr P found out he instructed solicitors. The solicitors’ intervention led to UKBA approving Mr P’s application but UKBA did not tell Mr P that they had done that. Without proof of his right to work, Mr P’s employers decided they could no longer employ him and he was escorted from their premises by security guards. Mr P told us he found that experience humiliating. It was 17 June 2010 – more than a year after he had applied for it – before Mr P’s solicitors received his residence card. Mr P returned to work the next day.

We upheld the complaint. We found that UKBA had done absolutely nothing to progress  Mr P’s application for more than nine months. We recommended that they should apologise to  Mr P, pay his legal costs and make him a payment of £500 in recognition of the inconvenience, embarrassment, frustration and distress they had caused him.