Subject Access Requests (SARS) come in the form of a written request for disclosure of information personal to you. If you want to know whether information is held about you, our lawyers can write to the person or organisation you believe holds this information.
We find that our clients may require information of their immigration history from the UKBA/Home Office if they have not retained copies and do not remember key details for their next immigration application. You will need to provide
A cheque or postal order for £10, payable to ‘The Home Office Accounting Officer’; and
Suitable evidence of identification
According to Data Protection Act, the Home Office, UKBA must process your request within 40 days from the date of receipt of your letter.
Discretionary Leave to Remain
If you do not qualify for leave to remain in the UK in another category, you may be able to rely on Article 8 of the European Convention of Human Rights arguing that it would be contrary to the UK’s obligations under the convention to not grant you leave to remain outside of the immigration rules.
You will need to show that your removal from the UK may result in a breach of the UK’s obligation under Article 8 of the ECHR in an unreasonable and disproportionate way. Discretionary Leave to Remain is a leave granted by the Secretary of State outside the Immigration Rules and any exceptional and compassionate circumstances will be considered to decide whether discretion should be exercised to grant you leave to remain.
The Home Office will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, the Home Office will review your circumstances before deciding whether to give you further permission to stay.
Discretionary Leave to Remain leading to Indefinite Leave to Remain
You will not be able to apply for Indefinite Leave to Remain (ILR) until you have lived in the UK for at least six years under the Discretionary Leave to Remain route. This may vary depending on when you were granted your discretionary leave as the rules have changed under the coalition government.
The right to appeal Discretionary Leave to Remain refusal
In some instances, you will be given the right to appeal this type of application. If the UKBA/Home Office makes an enforcement decision giving directions for your removal from the UK, you will usually be given the right to appeal. If your case is certified as unfounded, you will not be given the right to appeal.
You will always be given the right to appeal against the refusal of your application for extension of your discretionary leave if you applied before the expiration of your latest visa.