Part 3Amendments to the Immigration (Biometric Registration) Regulations 2008

Amendments to the Immigration (Biometric Registration) Regulations 2008

12.  The Immigration (Biometric Registration) Regulations 2008(1) are amended in accordance with regulations 13 to 22.

Amendment to regulation 2

13.  In regulation 2 (interpretation)(2)—

(a)after the definition of “dependant” insert—

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

(b)in the definition of “humanitarian protection”, for “paragraph 339C” substitute “Part 11”.

Amendment to regulation 3

14.  In regulation 3 (requirement to apply for biometric immigration document)(3)—

(a)in paragraph (2)—

(i)in sub-paragraph (a), omit “limited”;

(ii)omit sub-paragraph (b);

(iii)in sub-paragraph (h), omit “(b),”;

(b)for paragraph (3) substitute—

“(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;”.

Amendment to regulation 3A

15.  In regulation 3A(2)(a) (applications for entry clearance)(4)—

(a)in paragraph (i), omit “for a limited period which exceeds 6 months”;

(b)omit paragraph (ii);

(c)in paragraph (iii), for “or (ii); and” substitute “; or”;

(d)after paragraph (iii), insert—

“(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”.

Amendment to regulation 8

16.  In regulation 8(1) (process by which an individual’s fingerprints and photograph may be obtained and recorded)(5)—

(a)omit “and” at the end of sub-paragraph (c);

(b)at the end of sub-paragraph (d), for “.” substitute “; and”;

(c)after sub-paragraph (d) insert—

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

Amendment to regulation 11

17.  In regulation 11(2) (retention of fingerprints)(6), after sub-paragraph (a) insert—

“(aa)the fingerprints of a person liable to arrest under paragraph 10(1)(b) of Schedule 10 to the Immigration Act 2016(7) for failing to comply with a condition of immigration bail as specified in paragraph 2(1)(a) of that Schedule;”.

Amendment to regulation 13

18.  In regulation 13 (issue of a biometric immigration document: leave to enter the United Kingdom)(8)—

(a)in paragraph (1)—

(i)for sub-paragraph (a), substitute “grant leave to enter or remain to the person; or”;

(ii)omit sub-paragraph (b);

(iii)for sub-paragraph (c), substitute “issue or replace a document to the person following an application mentioned in regulation 3(2)(g).”;

(b)in paragraph (2), at the end insert “or if later, the date on which the leave to enter or remain specified in an eVisa has effect.”.

Amendment to regulation 13A

19.  In regulation 13A (issue of a biometric immigration document: entry clearance)(9)—

(a)for paragraph (1), substitute—

“(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(10), has effect as leave to enter the United Kingdom.”;

(b)in paragraph (4), at the end insert “or if later, the date on which the entry clearance specified in an eVisa has effect”.

Amendment to regulation 18

20.  In regulation 18 (requirement to notify Secretary of State)—

(a)the existing text is numbered as paragraph (1);

(b)in sub-paragraph (e) of the renumbered paragraph (1), for “consent or” substitute “consent and”;

(c)after the renumbered paragraph (1), insert—

“(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.”.

Amendment to regulation 19

21.  In regulation 19 (requirement to apply for replacement biometric immigration document)(11)—

(a)in paragraph (1)—

(i)after “person” insert “under the age of 70”;

(ii)after “to apply” insert “under regulation 3 or 3A”;

(b)in paragraph (2), for “3 months” substitute “18 months”.

Amendment to regulation 23

22.  In regulation 23 (consequences of failure to comply with a requirement of the Immigration (Biometric Registration) Regulations 2008)(12)—

(a)after paragraph (2)(a), insert—

“(aa)prevent the person from generating a share code until they have complied with the requirement;”;

(b)in paragraph (3)—

(i)for “regulation 3(2)(a) or (b)” substitute “regulation 3(2)(a) or (f)”;

(ii)for “3A(2)(a) or (b)” substitute “3A(2)”;

(c)in paragraph (4)—

(i)omit “, (f)”;

(ii)omit “or (f)”;

(d)after paragraph (6) insert—

“(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.”.