The Immigration (Biometric Registration) (Amendment) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Immigration (Biometric Registration) Regulations 2008 (“the 2008 Regulations”). The 2008 Regulations require certain persons subject to immigration control to apply for a biometric immigration document, a secure document used to evidence immigration status and which contains certain of the holder’s biometric and biographical information. These Regulations extend the categories of persons who are required to apply for a biometric immigration document, to certain overseas applicants and people applying for six months leave or less from within the UK, and revise the processes for the application and issue of these documents. They introduce a new short term biometric immigration document, which will be known as a short stay permit. Biometric immigration documents issued for periods of leave in excess of six months are known as biometric residence permits. These Regulations also amend the provisions about the use and retention of biometric information provided with an application for a biometric immigration document in consequence of the Immigration Act 2014(1).

Regulation 5 inserts new regulation 3A which extends the requirement to apply for a biometric immigration document to certain overseas applicants (from countries and territories listed in the Schedule).

Regulation 9 substitutes regulation 8 of the 2008 Regulations to revise the requirements regarding an individual’s fingerprints and photograph being obtained and recorded that can be made by an authorised person.

Regulation 10 replaces regulations 9 to 12 of the 2008 Regulations with new regulations 9 to 12A which make provision for the use, retention and destruction of biometric information provided under the 2008 Regulations. The other principal powers to retain biometric information referred to in new regulation 12A are currently, the Immigration (Provision of Physical Data) Regulations 2006(2), the British Nationality (General) Regulations 2003(3), section 143 of the Immigration and Asylum Act 1999(4) and section 127 of the Nationality, Immigration and Asylum Act 2002(5).

Regulation 12 inserts new regulation 13A which provides for the Secretary of State to issue a biometric immigration document to a person who has applied in accordance with new regulation 3A. New regulation 13A introduces and defines the concept of a short term biometric entry clearance document which is issued by an entry clearance officer to a successful overseas applicant for a biometric immigration document in order that the applicant may travel to the United Kingdom to collect that biometric immigration document. New regulation 13A also specifies that an overseas applicant must comply with a specified process within a specified timescale in order to obtain their biometric immigration document.

Regulation 12 also inserts new regulation 13B which provides for the Secretary of State to issue a short term biometric immigration document to a person who has been granted leave for a period of six months or less.

Regulation 13 explicitly provides for a person’s national insurance number and chargeable status for NHS treatment to be on the face of the person’s biometric immigration document.

Regulation 15 inserts into regulation 17 of the 2008 Regulations the possibility that a person’s biometric immigration document can be cancelled if they fail to collect it as specified.

Regulation 18 inserts paragraphs (5) and (6) into regulation 21 of the 2008 Regulations. Paragraph (5) requires the holder of a biometric immigration document to use it in connection with an application for a driving licence if required by the application process. Paragraph (6) provides that where the holder of a biometric immigration document does not use their document as required in connection with any application or claim under regulation 21, any such application or claim may be disregarded or refused.

Regulation 18 also amends regulation 21(2) of the 2008 Regulations to add a requirement on the holder of a biometric immigration document to produce the document if required when taking an English language test for leave purposes.

Regulation 20 inserts the Schedule to these Regulations as a Schedule to the 2008 Regulations.

“Authorised person” has the same meaning as in section 15 of the UK Borders Act 2007(as amended by section 12 of the Immigration Act 2014)(6).

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

(1)

2014 c. 22.

(2)

S.I. 2006/1743, amended by S.I. 2015/[    ]. This was also amended by S.I. 2011/1779 but that instrument has expired.

(3)

S.I. 2003/548, amended by S.I. 2007/3137 and S.I. 2015/[    ]. There are other amending instruments but none is relevant.

(4)

1999 c. 33.

(5)

2002 c. 41.

(6)

2007 c. 30; section 15 was amended by section 12 of the Immigration Act 2014 (c. 22).