The Immigration (Biometric Registration) Regulations 2008

Requirement to use a biometric immigration document U.K.

21.—(1) The holder of a biometric immigration document must provide his document to an immigration officer or the Secretary of State, as applicable, —

(a) where he is examined by an immigration officer under paragraph 2, 2A or 3 of Schedule 2 to the Immigration Act 1971;

(b) where he is examined by an immigration officer under Article 7(2) of the Immigration (Leave to Enter and Remain) Order 2000(1);

(c) where he is examined by the Secretary of State under Article 3 of the Immigration (Leave to Enter) Order 2001(2);

[F1 (d) where he makes an application for entry clearance, leave to enter or leave to remain;

(da) where he makes an application to be recognised as a refugee, as a person in need of humanitarian protection, or as a stateless person in accordance with Article 1 of the Stateless Convention;

(db) where he applies as a dependant of a person who makes an application mentioned in sub-paragraph (d) or (da);

(dc) where he makes an application for a Convention Travel Document, Stateless Person’s Travel Document or a Certificate of Travel;]

[F2 (e) when his dependant makes an application—

(i) for entry clearance, leave to enter, leave to remain; or

(ii) to be recognised as a refugee, as a person in need of humanitarian protection, or as a stateless person in accordance with Article 1 of the Stateless Convention;]

(f) when he is the sponsor under the immigration rules of a person who seeks entry clearance, leave to enter or leave to remain in the United Kingdom.

[F3 (2) Where the holder of a biometric immigration document attends premises to take—

(a) a test known under the immigration rules as the “Life in the UK Test”; or

(b) for purposes of leave to enter or remain, an English language test with a provider approved by the Secretary of State as specified in the immigration rules,

the holder must provide this document to the representative of the educational institution, or other person, who is administering the test where this is specified as a requirement.]

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (4) Where the holder of a biometric immigration document makes—

(a) an application for a certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;

(b) an application for a letter or other document confirming a person’s immigration or nationality status or that a person is not a British citizen;

(c) an application for naturalisation as a British citizen under section 6(1) or (2) of the British Nationality Act 1981, or as a British overseas territories citizen under section 18(1) or (2) of that Act; or

(d) an application for registration under any provision of the British Nationality Act 1981,

he must provide his biometric immigration document to the Secretary of State or a person acting on behalf of the Secretary of State in connection with that application.]

[F6 (5) Where the holder of a biometric immigration document makes an application for a licence to drive a motor vehicle (granted under Part III of the Road Traffic Act 1988), the holder must use their biometric immigration document in connection with that application as required by the specified application process.

[F7 (5A) The references in paragraphs (1), (2) and (4) to the provision of a biometric immigration document include provision of evidence of the holder’s immigration status held electronically on their biometric immigration document.]

(6) Where the holder of a biometric immigration document is required to use the document in connection with any application or claim under this regulation, any such application or claim may be disregarded or refused if the requirement is not complied with.]

Textual Amendments

F1 Reg. 21(1)(d)-(dc) substituted for reg. 21(1)(d) (29.2.2012) by The Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594), regs. 1(2), 8(2)(a)

F2 Reg. 21(1)(e) substituted (29.2.2012) by The Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594), regs. 1(2), 8(2)(b)

F3 Reg. 21(2) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 18(a)

F4 Reg. 21(3) omitted (1.7.2021) by virtue of The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 3(11)(a)

F5 Reg. 21(4) inserted (29.2.2012) by The Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594), regs. 1(2), 8(4)

F6 Reg. 21(5)(6) inserted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 18(c)

F7 Reg. 21(5A) inserted (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 3(11)(b)

Commencement Information

I1 Reg. 21 in force at 25.11.2008, see reg. 1

(1)

SI 2000/1161.

(2)

SI 2001/2590.