SCHEDULE

AMENDMENTS TO RELATED SECONDARY LEGISLATION
Regulation 11

Amendment of the British Nationality (General) Regulations 2003
1
1
The British Nationality (General) Regulations 2003 are amended as follows.
2
After regulation 7E insert—

Power to use and retain existing biometric information
7EA
1
This regulation applies where—
a
a person makes an application for registration or naturalisation as a British citizen; and
b
the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in their 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.
.
3
In regulation 7G—
a
in paragraph (1)—
i
for “ten” substitute “15”;
ii
for the words from “the date” to the end substitute—
—
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.
;
b
at the end insert—
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.
.

Amendment of the Immigration (Provision of Physical Data) Regulations 2006
2
1
The Immigration (Provision of Physical Data) Regulations 2006 are amended as follows.
2
After regulation 8 insert—

Power to use and retain existing biometric information
8A
1
This regulation applies where—
a
a person makes an application; and
b
the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in their 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.
.
3
In regulation 10—
a
in paragraph (1)—
i
for “ten” substitute “15”;
ii
for the words from “the date” to the end substitute—
—
a
the date on which the fingerprints were provided; or
b
the date on which they are reused in connection with an application made by the person which comes within paragraph (5),
whichever is the later.
;
b
at the end insert—
5
An application comes within this paragraph if it is an application for—
a
entry clearance;
b
leave to enter;
c
leave to remain; or
d
registration or naturalisation as a British citizen.
.

Amendment of the Immigration (Biometric Registration) Regulations 2008
3
1
The Immigration (Biometric Registration) Regulations 2008 are amended as follows.
2
In regulation 2 insert in the appropriate places—
- “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;
;
- “biometric sticker” means a sticker which forms part of a biometric immigration document which—
  1. is issued to a person who has made an application under regulation 3 or 3A recording the holder’s immigration status; and
  2. 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;
.
3
In regulation 11—
a
in paragraph (1)—
i
for “ten” substitute “15”;
ii
for the words from “the date” to the end substitute—
—
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.
;
b
at the end insert—
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.
.
4
In regulation 13—
a
in paragraph (1), omit “, known as a biometric residence permit,”;
b
after paragraph (1) insert—
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.
;
c
in paragraph (4)—
i
in sub-paragraphs (b) and (c), for “immigration document” substitute “card or biometric sticker”;
ii
in sub-paragraph (d), for “document” substitute “biometric card or biometric sticker where issued to the person”;
d
at the end insert—
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.
.
5
In regulation 13A—
a
in paragraph (1), omit “, known as a biometric residence permit,”;
b
after paragraph (1) insert—
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.
;
c
in paragraph (6)—
i
in sub-paragraphs (b) and (c), for “immigration document” substitute “card or biometric sticker”;
ii
in sub-paragraph (d), for “document” substitute “biometric card or biometric sticker where issued to the person”;
d
after paragraph (6) insert—
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.
.
6
Omit regulation 13B.
7
In regulation 15—
a
in paragraph (1) omit “on the face of the document”;
b
after paragraph (1)(j) insert—
ja
other information connected with the holder’s immigration status or nationality;
.
8
In regulation 16—
a
in the heading, the opening words of paragraph (1), paragraph (1)(f) and paragraph (2), for “immigration document” substitute “card”;
b
in paragraph (1)(a), (b), (c), (d) and (g), for “document” substitute “card”;
c
in paragraph (1)(g), for “, 13A(5) or 13B(3)” substitute “or 13A(5)”.
9
After regulation 16 insert—

Cancelling access to a biometric immigration document
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.
.
10
In regulation 19, in paragraph (1), for “, 13A(1) or 13B(1)” substitute “or 13A(1)”.
11
In regulation 21—
a
omit paragraph (3);
b
after paragraph (5) insert—
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.
.
12
After regulation 22 insert—

Requirement to provide a new photograph
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.
.
13
In regulation 23, in paragraphs (1)(b) and (4)(b), for “must” substitute “may”.
S.I. 2003/548. Relevant amending instrument is S.I. 2015/738.
S.I. 2006/1743. Relevant amending instrument is S.I. 2015/737.
S.I. 2008/3048. Relevant amending instruments are S.I. 2009/819, 2012/594 and 2015/433.
Sch. para. 1 in force at 1.7.2021, see reg. 1(1)
Sch. para. 2 in force at 1.7.2021, see reg. 1(1)
Sch. para. 3 in force at 1.7.2021, see reg. 1(1)