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The Immigration (Biometric Registration) (Amendment) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 594
- Regulation 4
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4. For regulation 3 (requirement to apply for a biometric immigration document) substitute—
“Requirement to apply for a biometric immigration document
3.—(1) Subject to paragraph (6), a 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 limited leave to remain for a period which, together with any preceding period of leave to enter or remain, exceeds a cumulative total of 6 months leave in the United Kingdom;
(b)for indefinite leave to remain;
(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), (b), (e) or (f).
(3) Subject to paragraph (4), a person falls within this paragraph if he has been notified on or after 1st December 2012 that the Secretary of State has decided to grant him—
(a)limited leave to remain for a period which, together with any preceding period of leave to enter or remain, exceeds a cumulative total of 6 months leave in the United Kingdom; or
(b)indefinite leave to remain.
(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.
(6) These Regulations do not apply to a person who applies for or is granted leave to remain in accordance with paragraphs 56R and 56U of the immigration rules (Olympic or Paralympic Games Family Member Visitor or an Olympic or Paralympic Games Family Member Child Visitor)(1).”.
(1)
Paragraphs 56R to 56W were inserted by the statement of changes in immigration rules presented to Parliament on 10th October 2011 (HC 1511).
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