(1)The Secretary of State may make regulations—
(a)requiring a person subject to immigration control to apply for the issue of a document recording biometric information (a “biometric immigration document”);
(b)requiring a biometric immigration document to be used—
(i)for specified immigration purposes,
(ii)in connection with specified immigration procedures, or
(iii)in specified circumstances, where a question arises about a person's status in relation to nationality or immigration;
(c)requiring a person who produces a biometric immigration document by virtue of paragraph (b) to provide information for comparison with information provided in connection with the application for the document.
(2)Regulations under subsection (1)(a) may, in particular—
(a)apply generally or only to a specified class of persons subject to immigration control (for example, persons making or seeking to make a specified kind of application for immigration purposes);
(b)specify the period within which an application for a biometric immigration document must be made;
(c)make provision about the issue of biometric immigration documents;
(d)make provision about the content of biometric immigration documents (which may include non-biometric information);
(e)make provision permitting a biometric immigration document to be combined with another document;
(f)make provision for biometric immigration documents to begin to have effect, and cease to have effect, in accordance with the regulations;
(g)require a person who acquires a biometric immigration document, without the consent of the person to whom it relates or of the Secretary of State, to surrender it to the Secretary of State as soon as is reasonably practicable;
(h)permit the Secretary of State to require the surrender of a biometric immigration document in other specified circumstances;
(i)permit the Secretary of State on issuing a biometric immigration document to require the surrender of other documents connected with immigration or nationality.
(3)Regulations under subsection (1)(a) may permit the Secretary of State to cancel a biometric immigration document—
(a)if the Secretary of State thinks that information provided in connection with the document was or has become false, misleading or incomplete,
(b)if the Secretary of State thinks that the document has been lost or stolen,
(c)if the Secretary of State thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not),
(d)if the Secretary of State thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied,
(e)if the Secretary of State thinks that a person has failed to surrender the document in accordance with subsection (2)(g) or (h),
(f)if the Secretary of State thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason),
(g)if the Secretary of State thinks that the holder is to be given leave to enter or remain in the United Kingdom,
(h)if the Secretary of State thinks that the holder's leave to enter or remain in the United Kingdom is to be varied, cancelled or invalidated or to lapse,
(i)if the Secretary of State thinks that the holder has died,
(j)if the Secretary of State thinks that the holder has been removed from the United Kingdom (whether by deportation or otherwise),
(k)if the Secretary of State thinks that the holder has left the United Kingdom without retaining leave to enter or remain, and
(l)in such other circumstances as the regulations may specify.
(4)Regulations under subsection (1)(a) may require notification to be given to the Secretary of State by the holder of a biometric immigration document—
(a)who knows or suspects that the document has been lost or stolen,
(b)who knows or suspects that the document has been altered or damaged (whether deliberately or not),
(c)who knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete,
(d)who was given leave to enter or remain in the United Kingdom in accordance with a provision of rules under section 3 of the Immigration Act 1971 (c. 77) (immigration rules) and knows or suspects that owing to a change of the holder's circumstances the holder would no longer qualify for leave under that provision, or
(e)in such other circumstances as the regulations may specify.
(5)Regulations under subsection (1)(a) may require a person applying for the issue of a biometric immigration document to provide information (which may include biographical or other non-biometric information) to be recorded in it or retained by the Secretary of State; and, in particular, the regulations may—
(a)require, or permit an authorised person to require, the provision of information in a specified form;
(b)require an individual to submit, or permit an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;
(c)confer a function (which may include the exercise of a discretion) on an authorised person;
(d)permit the Secretary of State, instead of requiring the provision of information, to use or retain information which is (for whatever reason) already in the Secretary of State's possession.
(6)Regulations under subsection (1)(b) may, in particular, require the production or other use of a biometric immigration document that is combined with another documentF1...
(7)Regulations under subsection (1)(b) may not make provision the effect of which would be to require a person to carry a biometric immigration document at all times.
(8)Regulations under subsection (1)(c) may, in particular, make provision of a kind specified in subsection (5)(a) or (b).
(9)Rules under section 3 of the Immigration Act 1971 (c. 77) may require a person applying for the issue of a biometric immigration document to provide non-biometric information to be recorded in it or retained by the Secretary of State.
(10)Subsections (5) to (9) are without prejudice to the generality of section 50 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (procedure).
Textual Amendments
F1Words in s. 5(6) omitted (21.1.2011) by virtue of Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 19
Modifications etc. (not altering text)
C1Ss. 5-15 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 2, Sch. 1
C2S. 5 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 4, Sch. 3, Sch. 3A
Commencement Information
I1S. 5 in force at 31.1.2008 by S.I. 2008/99, art. 2(b)