We understand that people may feel worried and confused as changes and new proposals come thick and fast, and as the system seems to demand more and more “proof” from people in the asylum and immigration journey. With this in mind, we’ve added two new sections to the Evidence Key Guide on how to write a witness statement and how to make a Subject Access Request (SAR). Evidence is often what makes the difference in immigration and asylum cases, and increasingly, many people are forced to navigate the system with little or no legal help. 

It is so important to take an active role in your legal case whether or not you have a lawyer. This means preparing early where you can: understanding what evidence is, keeping hold of your papers, and knowing what steps to take if information is missing or recorded wrongly. 

What is the Evidence Key Guide? 

The Key Guide explains what “evidence” means in asylum/immigration/human rights cases, when you may need to provide it (Home Office stages and/or appeals), and gives practical guidance on what strong evidence looks like, common types of evidence, and how to gather missing Home Office documents

If you have an ongoing asylum claim or immigration application

You can use this page to:

• Understand what “evidence” is and when it matters
• Understand different types of evidence e.g. testimony (your account), documents, medical/psychological evidence, “objective evidence” (e.g. trusted reporting/human rights sources), and “new evidence”.
• Understand what sort of evidence is considered strong, and what types of evidence the Home Office doesn’t like.

If you are supporting someone in the immigration/asylum process

You can use this page to:

• Help someone get organised without giving legal advice
• Support someone to gather evidence in a safer, clearer way
• Write “supporting letters” that actually help

New Section: How to write a witness statement

A witness statement is your chance to explain key facts in your own words, for the Home Office or an appeal, and it becomes part of your evidence. If you have a lawyer they should help you to do this.  The new Action Section on witness statements is there to help you:

• Feel able to write a witness statement, even if you don’t have perfect English
• Prepare before you write by checking your existing papers, so you can stay consistent and spot mistakes or misunderstandings.
• Work out what kind of statement you need (first claim, appeal, update, family/private life, detention/bail/reporting, etc.).
• Follow a simple structure so your statement is easier to read and understand.
• Format your statement  so it’s easy to read (clear sections and numbered paragraphs) and include the key finishing details (the date, your signature, and a statement of truth.)

New section: Making a Subject Access Request (SAR)

A Subject Access Request (SAR) is a request you make to get your personal information from an organisation. Making a SAR can be a good first step to collect information and documents before a new application, appeal, or other legal step. A SAR lets you ask what information they hold about you, how they use it, and who they share it with. You can also ask for copies of your personal information.

The new section of the Key Guide includes: 

• How to make a SAR to the Home Office 
• Understand what information you can and can’t get and how long it will take
• Common problems when making a SAR, your rights and what actions you can take
• Practical tips and guidance for making a SAR