Use Of DNA Evidence In Immigration Cases: Navigating Voluntary Testing To Strengthen Your Application

DNA evidence can play an important role in immigration applications and appeals where an applicant needs to establish a biological relationship to another individual. This most commonly arises in family, nationality, and refugee family reunion applications or appeals.

Home Office published guidance makes clear that applicants cannot be compelled to provide DNA evidence and that no adverse inference should be drawn where an applicant chooses not to undergo testing. However, it is often the most persuasive form of evidence available, especially where documentary records are limited, inconsistent, or disputed.

As DNA testing is voluntary, applicants are responsible for all associated costs, including laboratory fees and the costs of arranging approved sample collection both in the UK and, if necessary, overseas.

Home Office requirements for DNA testing

Where DNA evidence is being relied upon as evidence to the Home Office or Tribunal, there are specific procedural requirements that must be followed. The testing laboratory must:

• hold ISO/IEC 17025 accreditation; and
• follow the Home Office ‘collection process’

This process requires DNA samples to be collected and witnessed independently by an approved sample collector acting on behalf of the laboratory. The Home Office reviews its list of approved laboratories annually (with the next review scheduled for October 2026). At present, the approved providers are:

• Alpha Biolaboratories (AlphaBiolabs)
• AttoLife Limited
• Biofortuna Limited (NorthGene)
• Cellmark (Orchid Cellmark Ltd)
• Complement Genomics (Dadcheck)
• DDC Laboratories
• DNA Analysis at King’s College London
• Endeavor DNA Laboratories
• Eurofins Forensic Services Limited
• Eurofins Medigenomix Forensik GmbH (DNA Legal)
• Genetrack Biolabs
• Genomics for Life (Paternity for Life)

When DNA evidence is useful

In many cases, DNA evidence is unnecessary because the relationship can be established through civil documentation such as birth certificates, passports, family registers, or other official records.

However, DNA testing is commonly used where:

• birth registration documents are unavailable or unreliable;
• documents were issued late;
• there are discrepancies within family records;
• an applicant is from a country with a weak civil registration system;
• the Home Office raises concerns regarding credibility or authenticity of documentation; or
• there is little other evidence available to establish the claimed relationship.
• cases involving surrogacy.

In practice, DNA evidence can often resolve evidential disputes quickly and effectively, particularly in parent-child cases.

Conclusion

Although DNA evidence remains voluntary in immigration applications and appeals, it is the strongest form of evidence available where biological relationships are disputed or insufficiently documented.

When obtained through an approved provider and in accordance with Home Office requirements, DNA evidence can resolve evidential concerns efficiently and strengthen the overall credibility of an application or appeal.