“Any expression of dissatisfaction that needs a response about the service we provide or about the professional conduct of our staff and contractors” is what the Home Office says a complaint is. It talks about the following types of complaints, or “headings”:

• Delayed (like when a service is dropped off).
• There was a problem with the process or an administrative mistake, which led to bad service or not meeting service standards.
• Too little contact (not telling customers what’s going on; not answering mail, calls, etc.)
• Giving bad, misleading, inadequate, or incorrect advice is an example of wrong knowledge.
• Lost documents (e.g. passports or birth certificates provided by customers that have been mislaid).
• Waiting in queue.
• Damage.
• Customer service – physical environment (complaints about the service’s physical features, like how easy it is to get to, what equipment is available, and where it’s located, as well as how they can be used).
• Customer service: service availability (not being able to receive services because IT or other equipment broke down).
• Children’s needs were not taken into account in customer service (care for kids).
• Handling complaints (not responding to a complaint or being unhappy with the answer) is part of customer service.
• That’s all there is to this list. There are as many reasons to file a complaint as there are lines in the Immigration Rules, so let me give you a few from my own experience.

If you asked for the return of your papers, there may still be some that you need. Or you are still waiting for a choice even though an unbearably long time has passed. A lot of lawyers also use the complaints process to get back the Immigration Health Surcharge money they paid. Similarly, there are times when it might be right to complain about being charged the wrong amount of IHS, but this can also be brought up in a closing letter.

As we already said, if the complaint is based on a wrong decision, it is usually better to question it through an appeal, an administrative review, or a letter before claim, depending on the type of decision. But there will be times when it’s better to file a complaint. For example, a decision that lets someone stay in the UK for ten years with the goal of settling there, even though you changed your application to ask for a five-year route before the decision was made. It is clear that the five-year route was not even considered.

Of course, you shouldn’t make an official complaint on the spur of the moment, but if you have no other way to get the problem fixed or just want to complain about bad service, there’s no reason not to.

How do I make a complaint?

The UK Visas and Immigration complaints procedure gives three options for lodging a complaint:

1. Email: complaints@homeoffice.gov.uk

2. Online form: https://www.gov.uk/complain-uk-visas-immigration

3. Post to:
Complaints allocation hub
Central point of receipt
7th Floor
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

Either way, the report should be made within three months of the problem, unless there are very good reasons not to. The Home Office almost never throws out a report because it was made more than three months ago, though.

How do I draft the complaint letter?

There are many kinds of complaints, but here are some ideas to help you start.

To start, list the applicant’s name, date of birth, country, and, if you want to be extra helpful, any Home Office reference numbers you’ve got. If the issue is about an application, the Unique Application Number (UAN) or the Global Web Form (GWF) number can help.

In the complaint, don’t name more than one applicant unless they count on each other or the applications are connected in some other way.

If the case background isn’t irrelevant, start the complaint by putting it in a clear order of when it happened. If there are only a few times that matter, write them down.

Once you’ve given any relevant background information, make your main complaint as clear as you can.

If you are whining about more than one thing, give each one its own heading and take some time to describe each complaint in detail so that they don’t run into each other.

Make it clear what you want the Home Office to do to fix the problem.

If needed, look at the Immigration Rules or another source of law that applies, but only do this when it’s really important, and try to avoid repeating long chunks of text.

No matter what, don’t use rude or insulting words. You can make it clear that something the Home Office did was wrong or unacceptable, but you will get further if you stay cool and impartial.

If you’re not writing from an account where your contact information is already in your signature, you should still include it.

In general, don’t send an angry email. This goes for all business letters as well. Do not send the report right away if you are upset. Save it as a draft and continue writing it when you are calmer.

What happens next?

The Home Office promises to answer all complaints in twenty business days. Its “service standard” is to answer 95% of complaints within this time frame. The Independent Chief Inspector of Borders and Immigration found in a study that this goal was often missed.

According to the most current data, 100% of complaints about serious misconduct were resolved within 20 working days. However, only 55% of complaints about minor misconduct and service issues were resolved within this time frame.

In the response, it should be made clear if the complaint is supported or not. If the complaint is confirmed and the Home Office has to do something, the response will usually say what that something will be and when will it be done or responded.

You will be told how to ask for a more senior employee to look over your complaint again if you are not happy with the result. If this doesn’t help and you still want to pursue the complaint, you have three months from the time you get the Home Office’s answer to take it to the Independent Examiner of Complaints (IEC).

You can send them an email at iec@homeoffice.gov.uk or a letter at the address below:

Examiner of Complaints (IEC), Postal Box 6147, Sheffield, S2 9JD.

You should send a copy of your report and the answer from the Home Office.

If you want to instruct me, my name is Atty Lindoven Magsino, BSc, MBA, GDL, LLM, DBA (candidate), a qualified Solicitor in the UK. Email: don@mbmsolicitors.com or attydonmagsino@gmail.com