Subject Access Request to the Home Office
Requests for access to records and for other information about those records are known as “subject access requests” and are made to the person or organisation (the “data controller”) who you think is processing (holding, disclosing or using) the information to which you want access. Personal data may take the form of computerised or, in some cases, paper records.
If you want to know whether information is held about you and if so what, you will need to write to the person or organisation you believe holds the information. This is known as a “subject access request”. You should ask for a copy of all the information held about you to which the Act applies.
Subject Access Request to The Home Office
A subject access request can be made to the Home Office, UKBA to get a copy of all the documents, information, records, decisions, notes etc which the Home Office is holding about you in their data base. Anyone can make a Subject Access Request (SAR) for information that the UKBA hold about them. To make a Subject Access Request (SAR), you must provide:
- a cheque or postal order for £10, payable to 'The Home Office Accounting Officer'; and
- sufficient personal information to enable the UKBA to uniquely identify you - for example, a copy of your passport or driver's licence, original utility bills, and your Home Office reference number if you have one.
All requests must be made in writing and signed.
If you just want the UKBA to provide you with a specific document, you can just ask us for that; this will make it easier, and probably quicker for the UKBA to respond to your request.
You should send your Subject Access Request (SAR) to the following address of the Home Office, UKBA:
UK Border Agency
40 Wellesley Road
The UKBA recommend that you use their form to help you make a SAR, although you are entitled to submit a SAR without using the form if you prefer. You can download the subject access request (SAR) from the UKBA website.
A Subject Access Request must be made in writing and an appropriate fee should be paid to the Home Office for the Home Office to comply with your request.
According to Data Protection Act, the Home Office, UKBA must process your request within 40 days from the date of receipt of your request. If the Home Office, UKBA fail to comply with Subject Access Request (SAR) within 40 days, their omission to comply with such request is considered as unlawful and can be challenged by way of Judicial Review in High Court.
What we can do for you
If instructed to represent you regarding your Subject Access Request (SAR), we will do the following for you:
- Take detailed Instructions from you and advise you about the relevant immigration law and procedure to be adopted by the Home Office, UKBA in your case;
- Discuss your immigration case in detail with you and advise you about your application for subject access request;
- Advise you about the documentary evidence to be submitted in support of your application;
- Prepare a covering letter to introduce and support the application;
- Liaise with the Home Office, UKBA for an expeditious decision on the application;
- Protect your interests while your application is pending with the Home Office, UKBA and keep you informed of the progress on the matter;
- Follow up work until decision is reached on your application;
- Consider the contents of the documents/information received from the Home Office as a result of subject access request and discuss the same with you.
Our Fee For Subject Access Request (SAR)
We will charge you a fee from £300 for our professional immigration services in relation to your application for Subject Access Request (SAR).
If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and balance fee can be paid by monthly instalments.
The agreed fee will cover all our work until decision by the Home Office, UKBA on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.