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8.—(1) Regulation 21(requirement to use a biometric immigration document) is amended as follows.
(2) In paragraph (1)—
(a)for sub-paragraph (d) substitute—
“(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;”;
(b)for sub-paragraph (e) substitute—
“(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;”.
(3) At the beginning of paragraph (3)(b) insert “where he has limited leave to remain,”.
(4) After paragraph (3)insert—
“(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(1) 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(2), 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.”.
2002 c.41; section10(2) was amended by section 50(5) of the Immigration, Asylum and Nationality Act 2006 (c.13); section 10 (2)(e) was repealed by sections 52(7), 61, Schedule 2, paragraph 4(a), Schedule 3 of the same Act; section 10(2)(f) substituted by section 52(7), Schedule 2, paragraph 4(b) of that same Act.
1981 c.61; section 6(2) was amended by section 261 and paragraph 72 of Schedule 27 to the Civil Partnership Act 2004 (c.33); subsections (2), (3) and (4) were amended by section 40(1) and (2) respectively of the Borders, Citizenship and Immigration Act 2009 (c.11); section 18(1), (2) and (3) were amended by sections 1 and 2 of the British Overseas Territories Act 2002 (c.8); section 18(2) was amended by section 261 and paragraph 72 of Schedule 27 to the Civil Partnership Act 2004 (c.33).
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