Immigration Act 2016

57 Powers to take fingerprints etc. from dependants

(1) Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.

(2) In subsection (7) for paragraph (f) substitute—

“(f) any person (“F”) who is—

(i) a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or

(ii) a dependant of a person within paragraph (c)(i).”

(3) In subsection (8)(f) after “person” insert “of whose family he is a member or”.

(4) In subsection (9)(f) after “person” insert “of whose family he is a member or”.

(5) After subsection (13) insert—

“(13A) For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—

(a) the person is—

(i) P’s partner,

(ii) P’s child, or a child living in the same household as P in circumstances where P has care of the child,

(iii) in a case where P is a child, P’s parent, or

(iv) an adult dependant relative of P, and

(b) the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

(13B) In subsection (13A) “child” means a person who is under the age of 18.”

(6) In subsection (14) for “(7)(f)” substitute “(7)(f)(ii)”.

(7) Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.

(8) In subsection (2) for “a dependant of” substitute “a member of the family of, or a dependant of,”.

(9) In subsection (2A) for “a dependant of” substitute “a member of the family of”.

(10) Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “of whose family he is a member or”.

(11) In section 144A(2) of the Immigration and Asylum Act 1999 (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “of whose family F is a member or”.