Disclaimer: The information in this blog is accurate as of its publication date. Any updates after that date are not reflected here.
On 18th October 2024, the UK Visas and Immigration (UKVI), Border Force, and Immigration Enforcement updated their guidance on requesting copies of personal information held in the borders, immigration and citizenship system. This guidance sets out how, as a UK immigration applicant, you can ask for copies of your immigration record through a Subject Access Request (SAR) from the Home Office. In this article, we will explain the types of information you can request in an immigration Subject Access Request made to the Home Office, how to make a Subject Access Request, and the supporting evidence you will need for a Subject Access Request.
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What is an immigration Subject Access Request (SAR)?
An immigration Subject Access Request (SAR) enables you to get copies of information stored about you by organisations such as Border Force and UKVI in accordance with the Data Protection Act 2018. Under the Data Protection Act 2018, you have the right to access personal data about yourself.
In the context of immigration law, you may need to ask for information on your immigration record, citizenship, or UK border entry to support a visa application. You may, for example, need to know what information is held on you regarding:
- Any immigration applications you have made previously in the UK, including the outcome
- When you entered and departed the UK
- How long you have lived in the UK
- Whether you meet the continuous residence requirement for permanent settlement
To ensure that you receive the correct information, you can submit a basic, specific, or detailed Subject Access Request to the Home Office, as explained below.
What is a basic immigration Subject Access Request?
By submitting a basic Subject Access Request to the Home Office, you will receive all of the following information held on you since 2000:
- Your immigration history, such as the dates any visa or other applications were submitted, and the decisions made
- Landing cards
- Visa applications submitted from outside the UK (for entry clearance purposes)
- Workers Registration Scheme (WRS) details if you are a national of Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, or Slovenia.
For most immigration applications, a basic Subject Access Request is sufficient to provide the details necessary to support your application.
What is a specific immigration Subject Access Request?
If you require certain documents from the authorities regarding your immigration activity to support your application, you may need to subject a ‘specific’ Subject Access Request. The SAR process allows you to ask for a maximum of 5 documents using this method. Examples of documents that you can request under a specific SAR include:
- A copy of a specific immigration application form
- A list of your immigration applications
- A specific immigration application decision letter
- A specific interview record
- A deportation order, and
- The outcome of an immigration application appeal
It is important to explain which document you need to avoid receiving the wrong document, which may, in turn, delay your application.
What is a detailed immigration Subject Access Request?
A detailed immigration Subject Access Request enables you to ask for paper records held by the Home Office on you if the digital information provided in a basic request is not enough. You may need to make this type of SAR if you find that there are gaps in the information you receive from the Home Office. This may include, for example, details held on you by Port and Asylum Support and detention records.
How can I make an immigration Subject Access Request?
All immigration, citizenship and border force information Subject Access Request applications are handled by the Home Office’s Subject Access Request Unit (SARU).
You can make a UK immigration Subject Access Request through the online form if you are based in the UK.
You can make a UK immigration Subject Access Request in writing or by email, if based outside the UK or otherwise. Before you can apply, it is important to check what type of information you need. In addition, you may need some or all of the following evidence:
- Photo identification (e.g. your passport, driving licence, biometric residence card, national identity card, or travel document)
- Signed authority – This is normally in the form of a short letter or statement and is used by the Home Office to ensure that you wish for your records to be sent to you (or, if applying for another person, that you have the authority to do so). You will also need to provide your signature and the date within the last 6 months, and
- Provide evidence of your relationship if you are applying for a child under the age of 12 (e.g., a birth certificate or proof of parental responsibility).
To apply by email, you will need to complete the application form and email it to subjectaccessrequest@homeoffice.gov.uk. There is no fee for an immigration SAR.
To apply by post, you will need to write to the following address:
Subject Access Request Unit (SARU)
2 Ruskin Square
Dingwall Road
Croydon
CR0 2WF
As SARU explain, they will not start the process of fulfilling your SAR until you have provided the necessary supporting evidence outlined above.
What happens once I have made an immigration SAR?
Once your SAR has been submitted along with any required evidence and ID, your request will be actioned within one month. This may take longer if further information is needed to take action on your request.
Final words
If you need help with any aspect of your immigration application, including a visa, a visa extension, settlement or citizenship, please speak to a member of our specialist immigration law team. Based on your unique requirements and those of your loved ones, we can guide you through the immigration process from start to finish. We understand the Home Office’s detailed evidential requirements and will ensure that your application contains the necessary supporting documents and information to avoid any possibility of refusal or delay.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
