Amendment of the 2008 Regulations
12. After regulation 13 (issue of a biometric immigration document) insert—
“13A.—(1) The Secretary of State may issue a biometric immigration document, known as a biometric residence permit, to a person who has applied in accordance with regulation 3A and has been granted—
(a)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 for a limited period which exceeds 6 months; or
(b)entry clearance, which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as indefinite leave to enter the United Kingdom.
(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.
(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 immigration document 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 immigration document 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 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.
Issue of a short term biometric immigration document
13B.—(1) The Secretary of State may issue a short term biometric immigration document, known as a short stay permit, to a person who has applied in accordance with regulation 3, provided the Secretary of State has decided to—
(a)grant the person limited leave to enter or remain in the United Kingdom for a total period of 6 months or less; or
(b)issue a new or replacement document to a person following an application mentioned in regulation 3(2)(c), (d) or (g) where the document indicated that the person had been granted leave to enter or remain in the United Kingdom for a total period of 6 months or less.
(2) A short term biometric immigration document issued under this regulation begins to have effect on the date of issue.
(3) A short term biometric immigration document issued under this regulation ceases to have effect on one of the dates specified in paragraph (4), whichever date occurs earlier.
(4) 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; or
(b)the expiry date printed on the document.”.