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Statutory Instruments

2008 No. 3048

Immigration

The Immigration (Biometric Registration) Regulations 2008

Made

24th November 2008

Coming into force

25th November 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5, 6(3), 6(6), 7, 8 and 15(1)(g) of the UK Borders Act 2007(1).

Modifications etc. (not altering text)

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 interpretationU.K.

1.  These Regulations may be cited as the Immigration (Biometric Registration) Regulations 2008 and shall come into force on the day after the day on which they are made.

Commencement Information

I1Reg. 1 in force at 25.11.2008, see reg. 1

[F12.  In these Regulations—U.K.

[F2“biometric card” means a card which forms part of a biometric immigration document and which is issued to a person who has made an application under regulation 3 or 3A recording the holder’s immigration status;]

[F3“biometric information” means photographs or fingerprints provided under regulation 5;]

[F2“biometric sticker” means a sticker which forms part of a biometric immigration document which—

(a)

is issued to a person who has made an application under regulation 3 or 3A recording the holder’s immigration status; and

(b)

consists of a stamp or other attachment in a passport or other document which indicates that the holder has been granted entry clearance or limited or indefinite leave to enter or remain in the United Kingdom;]

“Certificate of Travel” means a travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably refused a passport by their own authorities and who have—

(a)

been refused recognition as a refugee or as a stateless person but have been granted discretionary leave to remain or humanitarian protection; or

(b)

been granted indefinite leave to enter or remain;

“Convention travel document” means a travel document issued pursuant to Article 28 of the Geneva Convention;

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

[F4“eVisa” means an online record of an individual’s immigration status and conditions of leave to enter or remain in the United Kingdom;]

“Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the New York Protocol of 31st January 1967;

“humanitarian protection” means protection granted in accordance with [F5Part 11] of the immigration rules;

“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971;

[F3“leave to enter” means limited or indefinite leave to enter the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules;]

“leave to remain” means limited or indefinite leave to remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules;

[F6“refugee” means a person who falls within Article 1 of the Geneva Convention;]

“Stateless Convention” means the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954; and

“Stateless Person’s Travel Document” means a travel document issued pursuant to Article 28 of the Stateless Convention.]

Textual Amendments

[F7Requirement to apply for a biometric immigration documentU.K.

3.—(1) [F8A] person subject to immigration control must apply for the issue of a biometric immigration document where he—

(a)satisfies the condition in paragraph (2); or

(b)is a person falling within paragraph (3).

(2) The condition is that whilst in the United Kingdom the person makes an application—

(a)for F9... leave [F10to enter or remain] F11...;

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to replace a stamp, sticker or other attachment in a passport or other document which indicated that he had been granted limited or indefinite leave to enter or remain in the United Kingdom;

(d)to replace a letter which indicated that he had been granted limited or indefinite leave to enter or remain in the United Kingdom;

(e)to be recognised as a refugee or a person in need of humanitarian protection;

(f)to be recognised as a stateless person in accordance with Article 1 of the Stateless Convention;

(g)for a Convention Travel Document, Stateless Person’s Travel Document or a Certificate of Travel and does not already hold a valid biometric immigration document; or

(h)as the dependant of a person who is making an application in accordance with sub-paragraph (a), F13... (e) or (f).

[F14(3) Subject to paragraph (4), a person falls within this paragraph if that person has been notified on or after 1st December 2012 that the Secretary of State has decided to grant the person leave to enter or remain in the United Kingdom;]

(4) A person does not fall within paragraph (3) if—

(a)he was required to apply for a biometric immigration document in respect of his application for that leave; or

(b)he was required to apply for a biometric immigration document in respect of any application mentioned in paragraph (2).

(5) Where a person is required to apply for a biometric immigration document, that application must be made on the form or in the manner specified for that purpose (if one is specified) in the immigration rules.

[F15(5A) This regulation does not apply to a person who makes an application for, or has been granted, leave to enter or remain under residence scheme immigration rules.

(5B) “Residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.]

F16(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F173A.—(1) A person who is subject to immigration control and satisfies the conditions in paragraph (2) must apply for the issue of a biometric immigration document.U.K.

(2) The conditions are—

(a)that the person makes an application—

(i)for entry clearance, which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as leave to enter the United Kingdom F18...; or

F19(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)as the dependant of a person who is making an application in accordance with paragraph (i) [F20; or]

[F21(iv)to replace a letter, stamp, sticker or other attachment in a passport or other document which indicated that the person has been granted leave to enter or remain with another document that indicates the same information; or

(v)for leave to enter the United Kingdom where the person seeking leave to enter presents a Convention travel document endorsed with an entry clearance for that journey to the United Kingdom; and]

(b)the person specifies in that application that they will enrol their biometric information [F22outside the United Kingdom].

(3) Where a person is required to apply for a biometric immigration document, that application must be made on the form or in the manner specified for that purpose (if one is specified) in the immigration rules.]

Textual Amendments

Specified categoriesU.K.

F234.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Power for an authorised person to require a person to provide biometric informationU.K.

5.—(1) Subject to regulation 7, where a person makes an application for the issue of a biometric immigration document in accordance with regulation 3 [F24or regulation 3A], an authorised person may require him to provide a record of his fingerprints and a photograph of his face.

(2) Where an authorised person requires a person to provide biometric information in accordance with paragraph (1), the person must provide it.

Textual Amendments

Commencement Information

I2Reg. 5 in force at 25.11.2008, see reg. 1

Power for the Secretary of State to use and retain existing biometric informationU.K.

6.—(1) This regulation applies where —

(a)a person makes an application for the issue of a biometric immigration document in accordance with regulation 3 [F25, or regulation 3A]; and

(b)the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in his possession (for whatever reason).

(2) Where this regulation applies the Secretary of State may use or retain that information for the purposes of these Regulations.

Textual Amendments

Commencement Information

I3Reg. 6 in force at 25.11.2008, see reg. 1

Provision in relation to persons under the age of sixteenU.K.

7.—(1) A person under the age of sixteen (“the child”) must not be required to provide a record of his fingerprints or a photograph of his face in accordance with regulation 5 except where the authorised person is satisfied that the fingerprints or the photograph will be taken in the presence of a person aged eighteen or over who is —

(a)the child’s parent or guardian; or

(b)a person who for the time being takes responsibility for the child.

(2) The person mentioned in paragraph (1)(b) may not be —

(a)an officer of the Secretary of State who is not an authorised person;

(b)an authorised person; or

(c)any other person acting on behalf of an authorised person under regulation [F268(1)(a) or (c)].

(3) This regulation does not apply if the authorised person reasonably believes that the person who is to be fingerprinted or photographed is aged sixteen or over.

Textual Amendments

Commencement Information

I4Reg. 7 in force at 25.11.2008, see reg. 1

[F27Process by which an individual’s fingerprints and photograph may be obtained and recordedU.K.

8.—(1) An authorised person who requires an individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face under regulation 5 may do any one or more of the following—

(a)require the individual to make an appointment before a specified date, which the individual must attend, to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person;

(b)specify the date, time and place for the appointment;

(c)require the individual to attend premises before a specified date to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person; F28...

(d)specify any documents which the individual must bring to the appointment or premises, or action which the individual must take to confirm the individual’s identity [F29; and]

[F30(e)require the individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face by electronic means.]

(2) An authorised person may require a record of fingerprints or photograph to be of a particular specification.

(3) Where an authorised person requires an individual to submit to any requirement in accordance with paragraph (1), the individual must submit to it.]

Textual Amendments

[F31Use and retention of biometric informationU.K.

9.—(1) Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—

(a)the exercise of a function by virtue of the Immigration Acts; or

(b)the exercise of a function in relation to nationality.

(2) Biometric information retained by virtue of paragraph (1) may also be used—

(a)in connection with the prevention, investigation or prosecution of an offence;

(b)for a purpose which appears to the Secretary of State to be required in order to protect national security;

(c)in connection with identifying persons who have died, or are suffering from illness or injury; [F32and]

(d)for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled; F33...

F33(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Destruction of biometric informationU.K.

10.—(1) The Secretary of State must take all reasonable steps to ensure that biometric information held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed if the Secretary of State—

(a)no longer thinks that it is necessary to retain the information for use as mentioned in regulation 9(1); or

(b)subject to the exception in paragraph (2), is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971.

(2) The exception is that photographs of a person who is registered or naturalised as a British citizen may be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.

Textual Amendments

Retention of fingerprintsU.K.

11.—(1) Save where regulation 10 applies and subject to paragraphs (2) and (3), the Secretary of State must take all reasonable steps to ensure that any record of a person’s fingerprints held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed at the end of the period of [F3415] years beginning with [F35—

(a)the date on which the fingerprints were provided; or

(b)the date on which they are reused in connection with a relevant application made by the person,

whichever is the later.]

(2) But fingerprints can be held beyond that period if they are—

(a)the fingerprints of a person who is, or at any time has been, subject to a deportation order, exclusion order or decision to exclude;

[F36(aa)the fingerprints of a person liable to arrest under paragraph 10(1)(b) of Schedule 10 to the Immigration Act 2016 for failing to comply with a condition of immigration bail as specified in paragraph 2(1)(a) of that Schedule;]

(b)the fingerprints of a person who can be, or at any time could have been, refused entry clearance or leave to enter for a period specified in the immigration rules because of a previous breach of the United Kingdom’s immigration laws;

(c)fingerprints that the Secretary of State deems it necessary for national security reasons to retain for use in connection with one of the functions specified in regulation 9(1);

(d)the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; [F37or]

(e)the fingerprints of a person whose indefinite leave to enter or remain in the United Kingdom lapses, is revoked or is cancelled, in which case they must be destroyed by the Secretary of State at the end of ten years beginning with the date of the lapse, revocation or cancellation (as the case may be); F38...

F38(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State is only required to take steps to destroy, pursuant to paragraph (2)(e) F39..., the fingerprints of a person whose leave has lapsed F40... on the application, supported by evidence to the satisfaction of the Secretary of State, of that person.

F41(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42(5) A relevant application for the purposes of paragraph (1) is an application for—

(a)entry clearance;

(b)leave to enter;

(c)leave to remain; or

(d)registration or naturalisation as a British citizen.]

Textual Amendments

Destruction etc. of electronic dataU.K.

12.—(1) The Secretary of State must take all reasonable steps to ensure—

(a)that data held in electronic form which relates to biometric information which has to be destroyed by virtue of these Regulations is destroyed or erased; or

(b)that access to such data is blocked.

(2) A person whose biometric information has to be destroyed by virtue of these Regulations is entitled, on written request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by paragraph (1).

(3) A certificate issued under paragraph (2) must be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State.

Textual Amendments

Biometric information: retention under another powerU.K.

12A.  The requirements in these Regulations to destroy biometric information or data do not apply if and in so far as the information or data is retained in accordance with and for the purposes of another power.]

Textual Amendments

Issue of a biometric immigration documentU.K.

13.—(1) F43The Secretary of State may issue a biometric immigration document ... to a person who has applied in accordance with regulation 3, provided the Secretary of State has decided to —

[F44(a)grant leave to enter or remain to the person; or]

F45(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(c)issue or replace a document to the person following an application mentioned in regulation 3(2)(g).]

[F47(1A) The reference to the issue of a biometric immigration document in paragraph (1) includes allowing the person to view their biometric immigration document electronically.]

(2) A biometric immigration document [F48issued under this regulation] begins to have effect on the date of issue [F49or if later, the date on which the leave to enter or remain specified in an eVisa has effect.]

(3) A biometric immigration document [F50issued under this regulation] ceases to have effect on one of the dates specified in paragraph (4), whichever date occurs earliest.

(4) The specified dates are —

(a)the date that the person’s leave to remain ceases to have effect, including where the leave to remain is varied, cancelled or invalidated, or is to lapse;

(b)in the case of a biometric [F51card or biometric sticker] which was issued to a person aged [F52sixteen] or over, the date after the expiry of ten years beginning with the date of issue; F53...

(c)in the case of a biometric [F54card or biometric sticker] which was issued to a person aged under [F52sixteen], the date after the expiry of five years beginning with the date of issue; [F55or]

[F56(d)the expiry date printed on the [F57biometric card or biometric sticker where issued to the person].]

[F58(5) Where the person is issued with a biometric card or biometric sticker, the information contained on that card or sticker is to be read subject to the information on the person’s biometric immigration document.]

Textual Amendments

Commencement Information

I5Reg. 13 in force at 25.11.2008, see reg. 1

[F5913A.—[F60(1) The Secretary of State may issue a biometric immigration document to a person who has applied in accordance with regulation 3A and has been granted entry clearance, which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as leave to enter the United Kingdom.]U.K.

[F61(1A) The reference to the issue of a biometric immigration document in paragraph (1) includes allowing the person to view their biometric immigration document electronically.]

(2) Where an entry clearance is granted under paragraph (1) and the entry clearance officer issues a short term biometric entry clearance, the entry clearance officer must issue a written decision informing the applicant of the period of leave that their biometric immigration document will evidence and the process by which the applicant must obtain that document.

(3) A successful applicant who travels to the United Kingdom must obtain their biometric immigration document within a period, and by a process, specified in the applicant’s written decision (issued under paragraph (2)).

(4) A biometric immigration document issued under this regulation begins to have effect on the date of issue [F62or if later, the date on which the entry clearance specified in an eVisa has effect].

(5) A biometric immigration document issued under this regulation ceases to have effect on one of the dates specified in paragraph (6), whichever date occurs earliest.

(6) The specified dates are—

(a)the date that the person’s leave to enter or remain ceases to have effect, including where the leave is varied, cancelled or invalidated, or is to lapse;

(b)in the case of a biometric [F63card or biometric sticker] which was issued to a person aged sixteen or over, the date after the expiry of ten years beginning with the date of issue;

(c)in the case of a biometric [F64card or biometric sticker] which was issued to a person aged under sixteen, the date after the expiry of five years beginning with the date of issue; or

(d)the expiry date printed on the [F65biometric card or biometric sticker where issued to the person].

[F66(6A) Where the person is issued with a biometric card or biometric sticker, the information contained on that card or sticker is to be read subject to the information on the person’s biometric immigration document.]

(7) In this regulation—

(a)“entry clearance officer” means a person responsible for the grant or refusal of entry clearance; and

(b)“short term biometric entry clearance” means an entry clearance document which—

(i)is issued to a person who has made a successful application for a biometric immigration document from outside the United Kingdom, in order that the person may travel to the United Kingdom to obtain that biometric immigration document; and

(ii)has a period of validity ending before the expiry of the period of leave that the holder’s biometric immigration document will evidence.]

Textual Amendments

Issue of a short term biometric immigration documentU.K.

F6713B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to surrender documents connected with immigration and nationalityU.K.

14.—(1) On issuing the biometric immigration document, the Secretary of State may require the surrender of other documents connected with immigration or nationality.

(2) Where the Secretary of State requires the surrender of other documents, the person must comply with the requirement.

Commencement Information

I6Reg. 14 in force at 25.11.2008, see reg. 1

Content of a biometric immigration documentU.K.

15.—(1) A biometric immigration document may contain some or all of the following information F68... —

(a)the title of the document;

(b)the document number;

(c)the name of the holder;

(d)the holder’s date of birth;

(e)the holder’s place of birth;

(f)the holder’s nationality;

(g)the sex of the holder;

[F69(h)the period for which the holder has leave to enter or remain;]

[F70(i)the class of leave to enter or remain which the holder has;]

(j)any conditions to which the limited leave to [F71enter or] remain is subject or remarks relating to those conditions;

[F72(ja)other information connected with the holder’s immigration status or nationality;]

(k)the place and date of issue of the document;

(l)the period for which the document is valid;

(m)the holder’s facial image;

(n)the signature of the holder;

(o)a machine readable code;

(p)a hologram;

(q)an emblem of the United Kingdom and the words “United Kingdom”;

(r)the symbol of the International Civil Aviation Organization denoting a machine readable travel document which contains a contactless microchip; and

(s)any additional security features;

[F73(t)the holder’s national insurance number; and

(u)the holder’s chargeable status for NHS treatment.]

(2) A biometric immigration document may contain some or all of the following within a radio frequency electronic microchip embedded in the document —

(a)any of the information specified in paragraph (1)(a) to (m);

(b)information relating to a record of any two of the holder’s fingerprints; and

(c)any additional security features.

Textual Amendments

Commencement Information

I7Reg. 15 in force at 25.11.2008, see reg. 1

Surrender of a biometric [F74card] U.K.

16.—(1) The Secretary of State may require the surrender of a biometric [F75card] as soon as reasonably practicable if he thinks that —

(a)information provided in connection with the [F76card] was or has become false, misleading or incomplete;

(b)the [F77card] (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not);

(c)an attempt has been made (whether successfully or not) to copy the [F78card] or to do anything to enable it to be copied;

(d)the [F79card] should be re-issued (whether because the information recorded in it requires alteration or for any other reason);

(e)the holder’s leave to [F80enter or] remain is to be varied, cancelled or invalidated, or is to lapse;

(f)a person has acquired the biometric [F81card] without the consent of the holder or of the Secretary of State;

(g)the [F82card] has ceased to have effect under regulation 13(3) [F83or 13A(5)] or has been cancelled under regulation 17; F84...

(h)the holder has died;

[F85(i)the holder has failed to produce a valid passport or travel document when required to do so by an immigration officer; or

(j)the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom).]

(2) Where a person is required to surrender the biometric [F86card] under paragraph (1), the person must comply with the requirement.

Textual Amendments

Commencement Information

I8Reg. 16 in force at 25.11.2008, see reg. 1

[F87Cancelling access to a biometric immigration documentU.K.

16A.  The Secretary of State may cancel access to a person’s biometric immigration document electronically if the Secretary of State thinks that—

(a)the holder’s leave to enter or remain has been varied, cancelled or invalidated, or has lapsed; or

(b)another person has gained access to the biometric immigration document without the consent of the holder or of the Secretary of State.]

Textual Amendments

Cancellation of a biometric immigration documentU.K.

17.  The Secretary of State may cancel a biometric immigration document if he thinks that —

(a)information provided in connection with the document was or has become false, misleading or incomplete;

(b)the document has been lost or stolen;

(c)the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not);

(d)an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied;

(e)a person has failed to surrender the document when required to do so under regulation [F8816(a) to (f), (h), (i) or (j);]

(f)the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason);

(g)a person has acquired the biometric immigration document without the consent of the holder or of the Secretary of State; F89...

(h)the holder has died; F90[F91...

(i)the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom)]; [F92or]

[F93(j)a person has failed to collect the document within the period or by the process specified in the written decision issued under regulation 13A(2).]

Textual Amendments

Commencement Information

I9Reg. 17 in force at 25.11.2008, see reg. 1

Requirement for the holder of a document to notify the Secretary of StateU.K.

18.—[F94(1)] The holder of a biometric immigration document must notify the Secretary of State as soon as reasonably practicable if he —

(a)knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete;

(b)knows or suspects that the document has been lost or stolen;

(c)knows or suspects that the document (including any information recorded in it) has been altered or damaged (whether deliberately or not);

(d)was given leave to enter or remain in the United Kingdom in accordance with a provision of the immigration rules and knows or suspects that owing to a change of his circumstances he would no longer qualify for leave under that provision; or

(e)knows or suspects that another person has acquired the biometric immigration document without his [F95consent and] the consent of the Secretary of State.

[F96(2) For the purposes of paragraph (1)(a), a facial image included in an eVisa is to be treated as becoming misleading information to which the duty to notify under paragraph (1) applies—

(a)in the case of a holder aged between 16 and 70, after a period of 10 years;

(b)in the case of a holder aged under 16, after a period of 5 years.]

Textual Amendments

Commencement Information

I10Reg. 18 in force at 25.11.2008, see reg. 1

Requirement to apply for a replacement biometric immigration documentU.K.

19.—(1) A person [F97under the age of 70] who has been issued with a biometric immigration document under regulation 13(1) [F98or 13A(1)] is required to apply [F99under regulation 3 or 3A] for a replacement biometric immigration document where his original document —

(a)has been cancelled under [F100paragraphs (a) to (g) of] regulation 17; or

(b)has ceased to have effect under [F101regulation 13(4)(b), (c) or (d), regulation 13A(6)(b), (c) or (d), or regulation 13B(4)(b)].

(2) A person required to apply for a biometric immigration document under paragraph (1) must do so within [F10218 months] beginning with the date that the original document was cancelled or ceased to have effect.

Textual Amendments

Commencement Information

I11Reg. 19 in force at 25.11.2008, see reg. 1

Application of these Regulations to a person who is required to apply for a replacement biometric immigration documentU.K.

F10320.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requirement to use a biometric immigration documentU.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(2);

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

[F104(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;]

[F105(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.

[F106(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.]

F107(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F108(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.]

[F109(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.

[F110(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

Commencement Information

I12Reg. 21 in force at 25.11.2008, see reg. 1

Requirement to provide information for comparisonU.K.

22.—(1) A person who provides a biometric immigration document in accordance with [F111regulation 21] is required to provide biometric information for comparison with biometric information provided in connection with the application for the document.

(2) Where the document is provided to an authorised person, the authorised person may require the provision of the information in a specified form.

(3) Regulation 8 applies to a person required to provide information under paragraph (1) as it applies to a person who is required to provide biometric information under regulation 5.

Textual Amendments

Commencement Information

I13Reg. 22 in force at 25.11.2008, see reg. 1

[F112Requirement to provide a new photographU.K.

22A.—(1) This regulation applies where the holder of a biometric immigration document, other than in a case to which regulation 16A applies, satisfies an authorised person that they are unable to access their biometric immigration document electronically.

(2) An authorised person may require the holder of the biometric immigration document to provide an additional photograph of the holder’s face to that provided on the application for the document.]

Textual Amendments

[F113Consequences of a failure to comply with a requirement of these RegulationsU.K.

23.—(1) Subject to paragraphs (3) and (4), where a person who is required to make an application for the issue of a biometric immigration document fails to comply with a requirement of these Regulations, the Secretary of State—

(a)may take any, or any combination, of the actions specified in paragraph (2); and

(b)[F114may] consider giving a notice under section 9 of the UK Borders Act 2007.

(2) The actions specified are to—

(a)refuse an application for a biometric immigration document;

[F115(aa)prevent the person from generating a share code until they have complied with the requirement;]

(b)treat the person’s [F116application for leave to enter or remain or for entry clearance] as invalid;

(c)refuse the person’s [F116application for leave to enter or remain or for entry clearance]; and

(d)cancel or vary the person’s leave to enter or remain.

(3) Where a person is required to apply for a biometric immigration document under [F117regulation 3(2)(a) or (f)] [F118or regulation [F1193A(2)]] or as a dependant of [F120such] a person F121... and fails to comply with a requirement of these Regulations, the Secretary of State—

(a)must refuse the person’s application for a biometric immigration document;

(b)must treat the person’s [F122application for leave to enter or remain or for entry clearance] as invalid; and

(c)may cancel or vary the person’s leave to enter or remain.

(4) Where a person is required to apply for a biometric immigration document under regulation 3(2)(e) F123... or (g) or as the dependant of a person who has made an application in accordance with regulation 3(2)(e) F124... and fails to comply with a requirement of these Regulations the Secretary of State—

(a)may refuse the application for a biometric immigration document; and

(b)[F125may] consider giving a notice under section 9 of the UK Borders Act 2007.

(5) Where any person apart from a person referred to in paragraph (1), (3) or (4) fails to comply with a requirement of these Regulations, the Secretary of State must consider giving a notice under section 9 of the UK Borders Act 2007.

(6) The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.

[F126(7) In this regulation “share code” means an electronically generated code to allow a third party to access information about an individual’s immigration status.]]

Textual Amendments

Revocation and transitional provisionsU.K.

24.—(1) Subject to paragraph (2), the Immigration (Biometric Registration) (Pilot) Regulations 2008(4) are revoked.

(2) The Immigration (Biometric Registration) (Pilot) Regulations 2008 continue to apply to a person who was required to apply for a biometric immigration document in accordance with regulation 3 of those Regulations before the coming into force of these Regulations, subject to paragraph (3).

(3) These Regulations apply to any application for leave to remain falling within regulation 3 of these Regulations, which is made by a person referred to in paragraph (2) on or after the coming into force of these Regulations.

Commencement Information

I14Reg. 24 in force at 25.11.2008, see reg. 1

Meg Hillier

Parliamentary Under Secretary of State

Home Office

24th November 2008

Regulation 3A

F127SCHEDULEU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations require certain persons subject to immigration control to apply for a biometric immigration document. They require holders of the document to use it in certain circumstances and when they do so, to provide information for comparison with the biometric information provided as part of the original application for the document.

Regulation 3 sets out who must apply for a biometric immigration document. A person who applies for leave to remain in the UK in one of the specified categories under the immigration rules set out in regulation 4 must apply for a document, as must his dependants. This is provided the person applies for leave to remain on the appropriate form. The specified categories under the immigration rules concern some student applications and some family applications.

Regulation 5 permits an authorised person to require a person who applies for a biometric immigration document to provide biometric information, that is, a record of his fingerprints and a photograph of his face. An authorised person is defined in section 141(5) of the Immigration and Asylum Act 1999.

Regulation 6 allows the Secretary of State to use fingerprints or photographs relating to the person which he already has in his possession, rather than requiring the person to provide them again.

Regulation 7 provides certain safeguards in respect of children under 16. Regulation 8 sets out the various processes which an authorised person may require a person to submit to so that his fingerprints or photograph can be recorded.

Regulations 9 to 12 make provision for the use, retention and destruction of biometric information provided under these Regulations.

Regulation 13 makes provision for the issue of a biometric immigration document, including provision for its expiry. Regulation 14 provides that the Secretary of State may require the surrender of other documents relating to immigration or nationality, for example, documents which previously granted the holder leave to enter or remain in the UK and which are to be replaced by the biometric immigration document.

Regulation 15 makes provision for the content of the biometric immigration document, which includes information and other items which may be contained in an electronic chip embedded in the document.

Regulations 16 and 17 provide when the Secretary of State can require the surrender of a biometric immigration document, or cancel a document. Regulation 18 sets out when the holder of a document must notify the Secretary of State of certain circumstances.

Regulations 19 and 20 provide for when a person is required to apply for a replacement document, and that these Regulations apply to a person who makes an application for a replacement document just as they apply to a person applying for a document for the first time, with one modification.

Regulations 21 and 22 set out when a person must use the document and provide information for comparison.

Regulation 23 provides for the consequences of a failure to comply with a requirement of the Regulations.

Regulation 24 revokes the Immigration (Biometric Regulation) (Pilot) Regulation 2008 and makes transitional provision.