Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Immigration (Provision of Physical Data) Regulations 2006 (S.I. 2006/1743) (“the 2006 Regulations”), the Immigration (Biometric Registration) Regulations 2008 (S.I 2008/3048) (“the 2008 Regulations”) and the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772) (“the 2021 Regulations”).

Regulation 3 amends the definition of “application” in the 2006 Regulations to remove references to entry clearance applications and applications for leave to enter the United Kingdom by someone with a Convention travel document endorsed with an entry clearance for that journey to the United Kingdom.

Regulation 4 amends regulation 4 of the 2006 Regulations to empower an authorised person to require an individual seeking to enter the United Kingdom (an “entrant”) to provide a record of their fingerprints and a photograph of their face.

Regulations 7 and 16 make additional provision in the 2006 and 2008 Regulations (respectively) for the process by which an individual’s fingerprints and photograph may be obtained and recorded, namely a requirement for the individual to provide these by electronic means.

Regulation 7 additionally amends regulation 6 of the 2006 Regulations to make provision about the process by which an entrant’s fingerprints and photograph may be obtained and recorded when seeking to enter the United Kingdom.

Regulation 8 amends regulation 6A of the 2006 Regulations to provide that biometric information provided by an entrant under the 2006 Regulations may be recorded on any document issued as a result.

Regulation 9 amends regulation 7 of the 2006 Regulations to set out the consequences of an entrant failing to comply with the 2006 Regulations.

Regulation 13 inserts a definition of an “eVisa”, which is an online record of an individual’s immigration status and conditions of leave to enter or remain in the United Kingdom, into regulation 2 of the 2008 Regulations.

Regulation 14 amends regulation 3 of the 2008 Regulations, which sets out who must apply for a biometric immigration document when making an application for leave from within the United Kingdom. It removes the distinction between limited and indefinite leave, and removes the requirement that only individuals granted leave exceeding six months’ duration must apply for a biometric immigration document.

Regulation 15 amends regulation 3A of the 2008 Regulations, which sets out when overseas applicants must apply for a biometric immigration document, removing the distinction between limited and indefinite leave, and removes the requirement that only individuals granted leave exceeding six months’ duration must apply for a biometric immigration document.

Regulations 11, 17 and 23 make additional provision in the 2006, 2008 and 2021 Regulations (respectively) about the period for which a record of fingerprints may be retained where the individual has failed to comply with a condition of immigration bail as specified in paragraph 2(1)(a) of Schedule 10 to the Immigration Act 2016 (c. 19).

Regulations 18 and 19 amend regulations 13 and 13A of the 2008 Regulations to remove the distinction between limited and indefinite leave and removing the requirement that a biometric immigration document can only be issued where a grant of leave is to exceed six months’ duration. They further clarify that where the biometric immigration document is an eVisa, it may take effect from the date that the leave to enter or remain specified in it has effect.

Regulation 20 amends regulation 18 of the 2008 Regulations to clarify that a facial image included in an eVisa is to be considered misleading after a period of 10 years, or for a child under 16, a period of 5 years, and that the duty to notify the Secretary of State applies after this period of time.

Regulation 21 amends regulation 19 of the 2008 Regulations to increase the time within which a person must apply for a replacement biometric immigration document where their original document has been cancelled, or ceased to have effect, from 3 months to 18 months and limits the persons to whom regulation 19 applies to those under the age of 70.

Regulation 22 amends regulation 23 of the 2008 Regulations to specify that a potential consequence of failing to comply with a requirement of the 2008 Regulations is that the person may be prevented from generating a share code (an electronically generated code to allow a third party to access information about a person’s immigration status) until that requirement has been complied with.

Regulation 24 and 25 make consequential amendments to the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) and Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.