Home Office Errors May Be Leading to the Wrongful Loss of UK Visas

05 Jul 2019 | Posted by Carl Thomas

Recent reports from UK immigration consultants, lawyers and campaigners suggest that people being targeted by UK immigration enforcement may have been wrongly detained or deported lately. According to the reports, these issues are occurring because of the Immigration UK Home Office failing to comply with its legal duty to supply legal information to lawyers and those applying for visas.

Countless UK immigration lawyers have recently begun to accuse the Home Office of preventing people from accessing British Naturalisation, because the group is not responding to demands to provide information and files containing immigration history details. This means that people applying for UK visas are unable to challenge Home Office decisions.

Under data protection laws set out by the GDPR guidelines, any person in the UK can request personal data to be released from a public body or organisation, by submitting a Subject Access Request. The company holding the data is required to respond to this request within one month. If the organisation needs more time, then it is required to contact the requester and inform them of the need for an extended deadline.

Unfortunately, in the case of Immigration UK requests, the Home Office may be frequently failing to meet with its deadline. Some UK immigration lawyers have said that the Home Office does not respond to requests at all until it is threatened with litigation. This issue could prove to be a massive hurdle for people attempting to achieve British Naturalisation or maintain their status.

One recent case suggests that an NHS nurse deported to Ghana in 2017 faced this problem despite being born in the UK and having no criminal record. The nurse was not able to challenge the decision made by the Home Office because he had received no response to an SAR submitted more than 5 months ago.
According to professionals, the nurse's case is just one of many that stop people applying for UK visas from moving forward with their case.