How to Make a Subject Access Request to get your Home Office File

INTRODUCTION

It is clearly stated in Tier 1 (entrepreneur) rules that you must invest all your investment funds (£200,000) into your business before proceeding with your application for the Tier 1 Entrepreneur visa extension in year three. In other words, for the purpose of growing your business, you must spend all the investment money.

1. 3 types of request

There are 3 types of request you can make. All types of request are free of charge.

Basic

  • This is the most common request and will give you a sufficient amount of information. Once your identity has been verified, this type of request will take around 30 days to receive a response.

This type of request will allow you to access:

    • an electronic summary of your immigration history
    • landing cards we hold electronically
    • an electronic summary of entry clearance records
    • Workers Registration Scheme (WRS) information
    • entry and exit records for the past 5 years

Specific

This is a new type of request which will allow you to access documents that were originally reserved for the detailed subject access request after 30 days. Here, you are able to access copies of up to 5 documents, which include the following:

    • a list of your visa applications made in the UK
    • a particular decision letter
    • the outcome of an appeal (appeal determination)
    • an individual detention progress report
    • a deportation order
    • a particular interview record

If you need more information then you will need to make a detailed request.

Detailed

    • Within 1 month of your application, you will receive a copy of your full Home Office file.
    • Here, you will receive the summary of your immigration history in electronic form.
In order to make a request, you can click here & you will take find the online form for a subject access request. You will need to do a couple of things in order to receive the documents.
2. Proof of Identification
  • Here, you need the following evidence to confirm your identity:
  • a copy of your photo identification, such as;
  • Passport
  • Driving Licence
  • Biometric Residence Card
  • National Identity Card
3. Written Confirmation

Written confirmation from a third party that your photo identification is a true likeness of you:

  • Your photo identification must be accompanied by a written statement confirming that the photo is a true likeness of you.
  • The statement must be the following:
    • “I certify that this is a true likeness of [full name of applicant]”  & include the name and signature of the person certifying the copy and be dated within the last 6 months
  • It can be provided by,
    • a legal representative, registered with the Office for the Immigration Services Commissioner
    • a solicitor, barrister or chartered legal executive
    • a commissioner for oaths
    • a registered charity
4. Permission Letter

A letter to give permission for your records to be sent to you, or your representative:

  • The letter must include:
    • confirmation that you give permission for your records to be sent to you
    • confirmation that you give permission for your records to be sent to a third party representative – if they are completing the application on your behalf
    • your signature and the date, within the last 6 months
5. Proof of your relationship
  • If you are making a request on behalf of a child under 12, you must provide evidence of your relationship.
  • This evidence can include:
    • a birth certificate
    • proof of parental responsibility
  • You must provide evidence if you are applying on behalf of someone as a power of attorney, or are a litigation friend.
  • You must have all this evidence ready before you start your application.
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