The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

Amendment and saving of the Immigration (Biometric Registration) Regulations 2008 U.K.

34.—(1) The Immigration (Biometric Registration) Regulations 2008 M1 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3 (requirement to apply for biometric immigration document) after paragraph (5) insert—

“(5A) This regulation does not apply to a person who makes an application for, or has been granted, leave to enter or remain under residence scheme immigration rules.

(5B) “Residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.”.

(3) In regulation 9 (use and retention of biometric information)—

(a) after paragraph (2)(c) insert “ and ”;

(b) omit paragraph (2)(e) (and the “and” before it).

(4) In regulation 11 (retention of fingerprints)—

(a) after paragraph (2)(d), insert “ or ”;

(b) omit paragraph (2)(f) (and the “or” before it);

(c) in paragraph (3), omit—

(i) “or (f)”;

(ii) “or who no longer enjoys the rights of permanent residence”;

(d) omit paragraph (4).

(5) Notwithstanding the amendment of regulation 9 by paragraph (3), biometric information held by the Secretary of State immediately before commencement day may be used in connection with the exercise of any function after commencement day concerning the entitlement of a person who is not a national of an EEA state or Switzerland to enter or remain in the United Kingdom by virtue of—

(a) the EEA EFTA separation agreement, the EU withdrawal agreement or the Swiss citizens' rights agreement (within the meaning of section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or

(b) the Immigration (European Economic Area) Regulations 2016 as they continue to have effect by virtue of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

(6) The amendment of regulation 11 by paragraph (4) does not apply in relation to fingerprints held by the Secretary of State immediately before commencement day.

Commencement Information

I1 Reg. 34 not in force at made date, see reg. 1

I2 Reg. 34 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M1 S.I. 2008/3048, relevant amending instruments are S.I. 2012/594, 2015/433 and 2019/745. The amendments made by S.I. 2019/745 are not yet in force and are revoked by regulation 48 of these Regulations before they come into force.