Home Office: Record Retention Explained

The Home Office keeps records of most substantive interactions it has with individuals, including entry clearance and port records, application dates and outcomes, copies of applications and supporting documents, reasons for refusal or grant letters, tribunal determinations, and internal caseworking notes. The length of time records are kept depends on the type of information, with some records being destroyed after 2 years, 5 years, 7 years, or 15 years, while others are kept for 25 years or 100 years. For example, responses to routine subject access requests are kept for 2 years after the record is closed, while passenger name records data is retained for 5 years. Personal data is typically retained for 25 years after granting settlement or naturalisation and for 15 years after the last action in other cases.

Immigration records are kept permanently

The retention of immigration records is important for individuals as well. In the event that someone loses their documents, including their naturalisation certificate, having their records on file with the Home Office can help them prove their citizenship. This was a problem faced by the Windrush generation, and retaining immigration records can help prevent similar issues in the future.

It is worth noting that there may be exceptions to the permanent retention of immigration records. For example, visa files are typically retained for a period of two years. Additionally, prior to 1998, most records were paper-based, and it is unlikely that many of these records are still retrievable or traceable.

Individuals have a right to access their personal information held by the Home Office through a 'Subject Access Request' (SAR) or a 'Right of Access Request' under the Data Protection Act 2018. The Home Office typically responds to these requests within one month of receiving all the necessary information.

Applicant records are kept for 15 years from the date of the last action

The Home Office keeps applicant records for 15 years from the date of the last action. This is part of their long-term record of immigration history and immigration offending to support future decision-making and enforce penalties.

The Home Office should hold records of most substantive interactions it has with any given individual. This means that it usually holds a great deal of written information about migrants who have made immigration applications to enter or remain in the UK.

The amount of disclosure depends on the extent of the interactions with the Home Office that an applicant has had, and this varies from case to case. The Home Office breaks down the types of requests into three: basic, specific, and detailed. When making a basic request, you will usually receive an electronic summary of your immigration history, landing cards, an electronic summary of entry clearance records, Workers Registration Scheme (WRS) information, and entry and exit records for the past 5 years. This is usually sent out by the Home Office to anyone who makes a request, even if they don't make a specific request.

The Home Office has also piloted a scheme where you can request copies of up to 5 single documents, including a list of your visa applications made in the UK, a particular decision letter, the outcome of an appeal, an individual detention progress report, and a particular interview record.

The application process is a hybrid, with the Home Office preferring individuals to apply online and then send supporting identity documents by post. There are tight requirements regarding the provision of identity documents and how they must be provided. This includes a copy of photo identification, written confirmation from a third party that your photo identification is a true likeness of you, and a letter to give permission for your records to be sent to you or your representative.

At the time of writing (January 2020), while the electronic records are being sent out within a few months of the application, receipt of detailed requests for records is taking several months.

Naturalisation records are destroyed after 2 years

The Home Office has a retention and disposal standard that dictates how long all units, including Migration and Borders, will keep its information. This standard approach is also recommended for all arms-length and non-departmental bodies.

The retention standard clarifies what information should be kept for business, legislative, and historical reasons, as well as when it should be deleted or destroyed.

The Home Office's retention and disposal standard outlines that responses to routine SARs should be destroyed after 2 years from the date the record is closed. This falls under the broader category of responses to information requests, which includes responses to freedom of information (FOI) requests, routine FOI requests, and routine environmental information requests, which are all to be destroyed after 5 years from the date the record is closed.

It is important to note that the retention and disposal standard is distinct from operational information, which is covered by a separate schema.

In the context of immigration and citizenship, the retention of records can vary depending on the specific circumstances. For example, personal information in the borders, immigration, and citizenship system is typically retained for 25 years after a decision to grant settlement or naturalisation and for 15 years after the last action in other cases.

Additionally, there may be exceptions to the standard retention periods. For instance, information on foreign national offenders may be retained until the death of the data subject.

It is worth mentioning that individuals have a right to access their personal information under the Data Protection Act 2018, which is known as a Subject Access Request (SAR) or a Right of Access Request. The Home Office provides an online application form for such requests, and the typical response time is within 1 month of receiving all the necessary information.

Pre-1998 records are hard to trace

The Home Office's record-keeping changed significantly over the years, with several different registry systems in place at different times. From 1848, the Home Office established a registry system to record the daily receipt of letters, with correspondence dating back to 1839 retrospectively registered. This system changed many times, and in 1949, a new system of filing was established, based on sets of files for each subject or function, distinguished by letter codes.

The Home Office's retention and disposal standards outline how long all units, including Migration and Borders, keep their information. While there is no specific mention of pre-1998 records, the standard approach includes review/destroy periods of 5 years, 7 years, and 15 years. Additionally, personal information is kept only as long as is necessary to provide a service, conduct business, or meet legislative requirements.

To access pre-1998 records, one would need to consult the National Archives at Kew, which holds the principal records of Home Office correspondence. The records are not available online and would need to be viewed in person or obtained through a paid copy service. The archives include various series of Home Office papers, such as HO 44, HO 42, HO 52, and HO 40, which contain early general correspondence. However, due to the nature of the content and the different ways the records are cataloged, searching for specific information can be challenging.

Overall, while it is not impossible to trace pre-1998 records, it is certainly a difficult task due to the paper-based systems and constantly changing registry systems in place at the time.

You can request your records from the Home Office

• Basic Request: You will usually receive an electronic summary of your immigration history, landing cards, an electronic summary of entry clearance records, Workers Registration Scheme (WRS) information, and entry and exit records for the past 5 years.
• Specific Request: You can request specific information or copies of up to 5 single documents, such as a list of your applications, a particular decision letter, the outcome of an appeal, a particular detention progress report, or a particular interview record.
• Detailed Request: This is a request for a full copy of all records held by the Home Office.

The Home Office should hold records of most substantive interactions it has with any given individual. This includes entry clearance and port records, dates of applications made and outcomes, copies of applications made by applicants, reasons for refusal or grant letters, determinations of tribunals, and internal caseworking notes. The amount of disclosure will depend on the extent of your interactions with the Home Office.

To make a request, you can use the Home Office's online application form. You can also email [email protected] or write to the Subject Access Request Unit at Lunar House, 40 Wellesley Road, Croydon CR9 2BY. You will need to provide the following evidence to confirm your identity:

• A copy of your photo identification, such as a passport or national identity card. If you do not have any of these, you will need to send a recent photograph.
• Written confirmation from a third party that your photo identification is a true likeness of you.
• A letter of authority, to give permission for your records to be sent to you or your representative. This letter must include your signature and the date within the last 6 months.
• Proof of your relationship, if you are applying for a child under 12, such as a birth certificate.

The Home Office aims to process your request within 1 month of receiving all the required information. If they need additional information, they will contact you. In exceptional circumstances, they may consider your request complex and extend the deadline. You will receive an electronic summary of your immigration information initially, and you may need to renew your request if specific or detailed documents are not included in the basic disclosure.

Frequently asked questions