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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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Sovereign immunity. A foreign embassy in the UK returns the

Customer Question

Sovereign immunity. A foreign embassy in the UK returns the wrong visa type due to a mistake on their part. Updating the visa to be the correct visa will have cost. Who should pay?
Documents returned from embassy are damaged. Is there a claim for the damage?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

good morning. Thank you for the question. It is my pleasure to assist you with this.

Could you explain your situation in a little more detail please?

Customer: replied 1 year ago.
Good morning.... British National with Indonesian wife (BRP holder). Travelling from the UK to Spain, France, Italy, back to Spain again (not in transit, entering Spain again) then back to the UK. Total travel duration is 10 days (4 in Spain in total).Applied for multi-entry Schengen visa for EU spouse. Awardedsingle entry cat C visa.Is that sufficient to enter multiple countries and Spain twice, Italy twice?
Customer: replied 1 year ago.
Have asked the Spanish embassy to clarify. They responded with an appointment at the Embassy over a 100 miles away in the centre of London. We'd prefer to understand the situation and if there has been a mistake not of our making then we'd prefer the cost to rectify to be borne my the people who made the mistake.
Expert:  Stuart J replied 1 year ago.

I’m sorry, but I thought your question was about responsibility for damage to documents and responsibility for correction of documents.

Are you asking whether these documents are correct or not or asking who is responsible for corrections?

Customer: replied 1 year ago.
My understanding is that the visa is insufficient and the mistake was made by the Spanish embassy. They've made an appointment without consulting us and attending that appointment will have cost to us.Do we have a legal claim for that cost and any cost to rectify the visa mistake?Also the Indonesian Embassy caused damage to our marriage certificate. I've assumed an answer to the question above would also apply to the question of a valid legal claim for damages re the marriage certificate though if not I can ask that question separately.
Expert:  Stuart J replied 1 year ago.

I’m sorry, I don’t know anything about liability of foreign embassies. Meanwhile, I can tell you that even if they are liable for the rectification costs, being liable and getting it out of them are going to be two separate things altogether! I will opt out for another expert.

Customer: replied 1 year ago.
Please remove this question. Thanks.