The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021

Amendment of the British Nationality (General) Regulations 2003

1.—(1) The British Nationality (General) Regulations 2003(1) 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.”.

(1)

S.I. 2003/548. Relevant amending instrument is S.I. 2015/738.