A Guide to Immigration Subject Access Requests – UK visa news

In This Article

1. What is a Subject Access Request (SAR)?
2. Legal Basis for Subject Access Requests in the UK
3. Why Subject Access Requests Are Important in Immigration Law
4. How Do I Make a Subject Access Request?
5. How to Make a Subject Access Request to UK Visas and Immigration (UKVI)
6. How to Make a Subject Access Request to HM Passport Office
7. How to Make a Subject Access Request to HMRC
8. How to Make a Subject Access Request to ACRO Criminal Records Office
9. Contact Our Immigration Barristers
10. Frequently Asked Questions
11. Glossary
12. Additional Resources

1. What’s a Topic Entry Request (SAR)?

Topic Entry Requests (SARs) are a vital device for people and their legal professionals, particularly in the case of immigration and nationality regulation. This submit seems at what they’re, why they’re essential, and find out how to make an Immigration Topic Entry Request.

2. Authorized Foundation for Topic Entry Requests within the UK

The authorized foundation for making a Topic Entry Request within the UK is discovered within the Information Safety Act 2018 and the UK Common Information Safety Regulation (‘the UK GDPR’). The 2018 Act implements the UK GDPR. 

Underneath the Information Safety Act 2018, you’ve got a proper to know what data the federal government and different organisations maintain about you. The best way you discover out this data is by making a Topic Entry Request (also known as a ‘SAR’).

A SAR is a request by a person for their very own private data. It may be made by a person (or their authorized consultant), and is made to a ‘data controller’. An information controller is any enterprise, organisation or authorities physique which holds and makes use of your private knowledge. Private knowledge would possibly embrace an especially wide selection of data, together with data of journey out and in of the UK, visa purposes, invoice funds, CCTV footage, taxation or banking data, medical knowledge and far more.

3. Why Topic Entry Requests Are Vital In Immigration Regulation

The power to seek out out the data {that a} knowledge controller holds about you is a vital proper, which helps you defend your privateness, and guarantee your data is held in lawful methods, in keeping with the data protection principles. 

On high of the important safety of your knowledge rights, Topic Entry Requests provide a useful and extremely versatile device that may help a person to find out private data which they might have misplaced, forgotten, or by no means identified, and that they now want. This may be very useful when folks don’t hold maintain of seemingly ineffective previous papers which end up, typically years later, to be important to proving your presence within the UK, or exhibiting different issues which have or haven’t taken place.

Examples of the place a Topic Entry Request can help are almost limitless, however in an immigration context would possibly embrace:

• Getting proof of your earlier immigration purposes, for instance to indicate that you’ve at all times had immigration standing within the UK;
• Getting proof you have been within the UK from a sure time. This could help in immigration purposes which depend on your lengthy residence within the UK;
• Getting proof of your entries and exits from the UK. This could help in immigration and nationality purposes the place you’ll want to present your journey historical past, or what number of days you’ve got been absent from the UK;
• Getting proof you contacted or visited a GP or hospital at a sure time, or instructed them sure data. This may be useful in circumstances the place it’s essential to show home violence happened, or that an individual was severely unwell on the time their visa wanted to be renewed;
• Getting proof from HMRC that you just have been paying tax or claiming advantages within the UK at a sure time. This could help in immigration and nationality purposes, together with for Europeans and their household, the place it’s obligatory to indicate you have been ‘qualified’ as a employee;
• Getting proof from a earlier employer that you just used to work for them;
• Getting your arrest or conviction historical past. This could help show you don’t have any pending prosecutions or {that a} felony historical past just isn’t critical sufficient to warrant refusal, continued detention or different enforcement motion;
• Discovering out from UKVI or HM Passport Workplace any causes for delay in your immigration, nationality or passport software, and what, if something, has been performed to advance your case. This could help when contemplating whether or not to problem lengthy delays in deciding purposes.

Relying on precisely what you’ll want to show, Topic Entry Requests can help in a really wide selection of the way. You’ll find out extra from our article Subject Access Requests: Requesting personal information from the Home Office.

4. How Do I Make a Topic Entry Request?

It’s normal to use to smaller knowledge controllers, as an illustration GPs or employers, in writing. They are going to require a duplicate of your passport or different identification doc, and a letter specifying who you might be, and the data you want to from them. A helpful normal template for Topic Entry Requests is discovered on the web site of the Information Commissioner’s Office (ICO).

Some knowledge controllers, particularly our bodies which should course of numerous Topic Entry Requests like UKVI or HM Passport Workplace, ask that requests are made specifically methods. These our bodies typically ask for a major quantity of identification data, together with tackle histories, dad and mom’ particulars, previous identification doc particulars, particulars of previous immigration purposes and extra. 

Except your request is ‘manifestly unfounded or excessive’, your request must be free, and normally you need to obtain your requested data inside one month. If a knowledge controller wants extra time, they’ll have as much as one other two months, however they need to let you already know inside one month that they want extra time and clarify why. The place a Topic Entry Request is being  made to help with an immigration software, it’s normally wise to make the SAR effectively upfront of any deadline (e.g. the expiry of depart), so there’s time for the response to return again.

For immigration functions, Topic Entry Requests are normally made to giant authorities our bodies like UKVI, HMPO, HMRC or ACRO (the police). The methods these SARs are made are set out beneath. It is very important notice that not having the ability to reply all of the questions or present all of the paperwork requested for shouldn’t forestall you from making a SAR. So long as you’ll be able to show who you might be, you need to have the ability to get the data you require. 

5. Easy methods to Make a Topic Entry Request to UK Visas and Immigration (UKVI)

To make a Topic Entry Request to UKVI, you employ the online application form. You might be requested to incorporate a licensed copy of your photograph identification (e.g. your passport), a letter giving permission to your data to be despatched to you or your consultant, and if you’re making use of for a kid below 12 years previous, proof of your relationship to them (e.g. their beginning certificates exhibiting you as their mum or dad).

You will have to pick out from three choices, specifying the kind and quantity of data you need. These are:

• Particular requests, that are for as much as 5 single paperwork (e.g. a choice letter, deportation order, or interview document);
• Detailed requests, that are for a abstract of your entire immigration historical past held within the UKVI data;
• Fundamental requests, which ought to present your immigration historical past, your touchdown playing cards, your visa purposes, and your journey historical past.

6. Easy methods to Make a Topic Entry Request to HM Passport Workplace

HMPO asks you to fill out a form, which might then both be posted to Disclosure of Info, PO Field 215, Peterborough, PE1 1QQ,  or emailed to DPA.Queries@hmpo.gov.uk. 

7. Easy methods to Make a Topic Entry Request to HMRC

HMRC means that you can apply on-line or in writing. There may be an online form for Nationwide Insurance coverage Information, and another form for all different data HMRC holds. You can be requested to your tackle historical past for the final 5 years and your Nationwide Insurance coverage quantity.

8. Easy methods to Make a Topic Entry Request to ACRO Felony Information Workplace

Requests to your police data are made through the ACRO site.  ACRO requests a ten yr tackle historical past, in addition to different data. Observe that SARs made to ACRO is not going to solely permit you to see any conviction historical past, but in addition an arrest historical past, even the place an arrest didn’t result in costs or a conviction. 

If you want our help with making a Topic Entry Request to the House Workplace, HM Passport Workplace or another organisation for data held about you in relation to your immigration or nationality, please contact our crew of immigration barristers – specialists within the UK immigration regulation at Richmond Chambers on 0203 617 9173 or through our online enquiry kind.