The Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009

Draft Regulations laid before Parliament under section 6(6)(e) of the UK Borders Act 2007, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2009 No.

Immigration

The Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009

Made

***

Coming into force

6th January 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5 and 6(6) of the UK Borders Act 2007(1).

In accordance with section 6(6)(e) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

1.  These Regulations may be cited as the Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 and shall come into force on 6th January 2010.

2.  In these Regulations—

“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008(2).

Amendments to the Immigration (Biometric Registration) Regulations 2008

3.  The 2008 Regulations are amended as follows.

4.  In regulation 2 (Interpretation) for the definition of dependant substitute—

““dependant” means a spouse, a civil partner, an unmarried or same-sex partner, or a child.”.

5.  In sub-paragraph (2)(b) of regulation 3 of the 2008 Regulations (Requirement to apply for a biometric immigration document) after “applying” insert “, or has applied,” and after “categories” insert “after 25th November 2008”.

6.  In regulation 4 of the 2008 Regulations (Specified categories)—

(a) in paragraph (l) omit “or”;

(b) in paragraph (m) for “sole representative” substitute “representative of an overseas business;”; and

(c) after paragraph (m) insert—

“or

(n) as a Tier 2 Migrant making an application for leave to remain in that category for a period which, in addition to any preceding period of leave, exceeds a cumulative total of 6 months leave in the UK as a Tier 2 Migrant.”.

Name

Parliamentary Under-Secretary of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Immigration (Biometric Registration) Regulations 2008 (“the 2008 Regulations”).

Regulation 4 amends regulation 2 of the 2008 Regulations to extend the definition of dependants to include unmarried and same-sex partners.

Regulation 5 ensures those dependants applying for leave under one of the categories specified in regulation 4 of the 2008 Regulations are required to also apply for a biometric immigration document in circumstances when their application for leave is made after that of the primary applicant.

Regulation 6 reflects the changes made to the immigration rules in respect of Sole Representatives and extends the categories of persons who are required to apply for a biometric immigration document to Tier 2 Migrants.

(1)

2007 c.30.

(2)

S.I. 2008/3048 as amended by S.I. 2009/819.