PART 2IMMIGRATION
Chapter 2Amendment and savings of secondary legislation
Amendment and saving of the Immigration (Biometric Registration) Regulations 2008I1I234
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.