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Subject Access Request

General UK immigration & work permits; don't post job search or family related topics!

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Hola2015
Junior Member
Posts: 86
Joined: Sat Jul 11, 2015 11:47 am

Subject Access Request

Post by Hola2015 » Wed Jul 27, 2016 11:54 am

Hello all,
I have applied for a subject access request for both I and my wife in November 2015. The primary aim was to know the information HO held about us before we submit our naturalisation application in March 2016. Payment was made by cheque and this was cleared in December 2015; acknowledgement letter also received in December 2015. However, since then we have not received any further documentation from HO. I have had email correspondence with HO twice/thrice now, but the response I was given is that they are prioritising the request from people that has an urgent immigration need.

This response I found interesting, are there other options we can explore to get this documents please? Note we received approval for our naturalisation applications earlier this month.

Thanks for your help

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 6:23 am

Re: Subject Access Request

Post by member » Wed Jul 27, 2016 12:28 pm

I wonder how they judge the urgency of the request as applicants are not asked the purpose of having SAR?

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: Subject Access Request

Post by cs95tdg » Wed Jul 27, 2016 1:33 pm

Hola2015 wrote:Hello all,
I have applied for a subject access request for both I and my wife in November 2015. The primary aim was to know the information HO held about us before we submit our naturalisation application in March 2016. Payment was made by cheque and this was cleared in December 2015; acknowledgement letter also received in December 2015. However, since then we have not received any further documentation from HO. I have had email correspondence with HO twice/thrice now, but the response I was given is that they are prioritising the request from people that has an urgent immigration need.

This response I found interesting, are there other options we can explore to get this documents please? Note we received approval for our naturalisation applications earlier this month.

Thanks for your help
That's certainly a long wait, of over 6 months! I don't have an answer to your question, but am guessing that you probably don't need the SAR result now that your application has been approved?

Unless perhaps you are like me. I was considering requesting one myself, purely to see how far back they actually maintain records and when they remove them, as I've had a lengthy but not continuous immigration history in the UK from childhood. If it takes over 6 months to receive, then I'm not sure that it's something Id want to do.

Hola2015
Junior Member
Posts: 86
Joined: Sat Jul 11, 2015 11:47 am

Re: Subject Access Request

Post by Hola2015 » Wed Jul 27, 2016 1:53 pm

cs95tdg wrote:
Hola2015 wrote:Hello all,
I have applied for a subject access request for both I and my wife in November 2015. The primary aim was to know the information HO held about us before we submit our naturalisation application in March 2016. Payment was made by cheque and this was cleared in December 2015; acknowledgement letter also received in December 2015. However, since then we have not received any further documentation from HO. I have had email correspondence with HO twice/thrice now, but the response I was given is that they are prioritising the request from people that has an urgent immigration need.

This response I found interesting, are there other options we can explore to get this documents please? Note we received approval for our naturalisation applications earlier this month.

Thanks for your help
That's certainly a long wait, of over 6 months! I don't have an answer to your question, but am guessing that you probably don't need the SAR result now that your application has been approved?

Thank you for your response. Sincerely, I was surprised as well. Yes, you are right that the initial purpose is defeated already. However, it is still a good idea to know the details/extent of information that HO has gathered about us over the years.



Unless perhaps you are like me. I was considering requesting one myself, purely to see how far back they actually maintain records and when they remove them, as I've had a lengthy but not continuous immigration history in the UK from childhood. If it takes over 6 months to receive, then I'm not sure that it's something Id want to do.

vinny
Moderator
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Subject Access Request

Post by vinny » Wed Jul 27, 2016 1:55 pm

Chase them up.
Personal information charter wrote:Upon receipt of all the above provisions, the Home Office has 40 calendar days within which to respond to your request.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: Subject Access Request

Post by cs95tdg » Wed Jul 27, 2016 7:07 pm

Hola2015 wrote:I have had email correspondence with HO twice/thrice now, but the response I was given is that they are prioritising the request from people that has an urgent immigration need.
I read this one to mean you had already chased them up several times. But looking at the 40 day response time SLA vinny has posted, a period of 6 months appears way over. But I'm not sure if the 40 days is to return the SAR result or just to respond to you, which they already appear to have done. Even if it wasn't with the expected result.

secret.simon
Moderator
Posts: 8223
Joined: Thu Feb 21, 2013 9:29 pm

Re: Subject Access Request

Post by secret.simon » Wed Jul 27, 2016 7:57 pm

cs95tdg wrote:I'm not sure if the 40 days is to return the SAR result or just to respond to you
I seem to remember that this point was discussed on these forums a while ago, but can't seem to find the thread. It is not entirely clear if a holding response within 40 days meets the legal requirement of the Data Protection Act 1998.

Section 7 of the DPA 1998, especially sub-sections 8 & 9, make for interesting reading.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Hola2015
Junior Member
Posts: 86
Joined: Sat Jul 11, 2015 11:47 am

Re: Subject Access Request

Post by Hola2015 » Thu Jul 28, 2016 12:35 pm

Thank you all, I will think of what next to do. To be sincere, since the initial reason of making the request was not met, I am not utterly desperate again; but I will be happy to have the record at some point though so i'm keeping my fingers crossed that HO will look into our request soon.

vinny
Moderator
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Subject Access Request

Post by vinny » Thu Jul 28, 2016 12:50 pm

secret.simon wrote:I seem to remember that this point was discussed on these forums a while ago, but can't seem to find the thread.
Was it Late SAR response - Is it legally allowed?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: Subject Access Request

Post by cs95tdg » Thu Jul 28, 2016 9:17 pm

secret.simon wrote:
cs95tdg wrote:I'm not sure if the 40 days is to return the SAR result or just to respond to you
I seem to remember that this point was discussed on these forums a while ago, but can't seem to find the thread. It is not entirely clear if a holding response within 40 days meets the legal requirement of the Data Protection Act 1998.
Section 7 of the DPA 1998, especially sub-sections 8 & 9, make for interesting reading.
vinny wrote:
secret.simon wrote:I seem to remember that this point was discussed on these forums a while ago, but can't seem to find the thread.
Was it Late SAR response - Is it legally allowed?
Having read both, I'm now more inclined to believe that the 40 days is just a response time guideline, not necessarily to send the result. Given that and the likely increase in volume of requests that are probably being received, I'll be re-thinking the timing of my SAR.

helpingperson
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Posts: 485
Joined: Sat Aug 25, 2012 11:13 am

Re: Subject Access Request

Post by helpingperson » Mon Sep 12, 2016 12:49 pm

Hola2015 wrote:Hello all,
I have applied for a subject access request for both I and my wife in November 2015. The primary aim was to know the information HO held about us before we submit our naturalisation application in March 2016. Payment was made by cheque and this was cleared in December 2015; acknowledgement letter also received in December 2015. However, since then we have not received any further documentation from HO. I have had email correspondence with HO twice/thrice now, but the response I was given is that they are prioritising the request from people that has an urgent immigration need.

This response I found interesting, are there other options we can explore to get this documents please? Note we received approval for our naturalisation applications earlier this month.

Thanks for your help
Please could you kindly share HO email address which you have used to contact them so others can try to get some update?

Thank you.

Hola2015
Junior Member
Posts: 86
Joined: Sat Jul 11, 2015 11:47 am

Re: Subject Access Request

Post by Hola2015 » Thu Oct 06, 2016 10:18 am

helpingperson wrote:
Hola2015 wrote:Hello all,
I have applied for a subject access request for both I and my wife in November 2015. The primary aim was to know the information HO held about us before we submit our naturalisation application in March 2016. Payment was made by cheque and this was cleared in December 2015; acknowledgement letter also received in December 2015. However, since then we have not received any further documentation from HO. I have had email correspondence with HO twice/thrice now, but the response I was given is that they are prioritising the request from people that has an urgent immigration need.

This response I found interesting, are there other options we can explore to get this documents please? Note we received approval for our naturalisation applications earlier this month.

Thanks for your help
Please could you kindly share HO email address which you have used to contact them so others can try to get some update?

Thank you.
Many apologies, I am just seeing this. Here is the email i used to cotact HO on the status of my SAR
SubjectAccessRequest@homeoffice.gsi.gov.uk

Hola2015
Junior Member
Posts: 86
Joined: Sat Jul 11, 2015 11:47 am

Re: Subject Access Request

Post by Hola2015 » Thu Oct 06, 2016 10:22 am

Hola2015 wrote:Thank you all, I will think of what next to do. To be sincere, since the initial reason of making the request was not met, I am not utterly desperate again; but I will be happy to have the record at some point though so i'm keeping my fingers crossed that HO will look into our request soon.
UPDATE:
Finally received SAR docuemnt from the HO yesterday. Better late than never. I would say that the information is really helpful, contained details of all application I have within the UK including fees; so it is good to know how much I spent on various visa applications

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