2009 No. 819
The Immigration (Biometric Registration) (Amendment) Regulations 2009
Made
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5 and 6(6) of the UK Borders Act 20071.
In accordance with section 6(6)(e) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Immigration (Biometric Registration) (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made.
2
In these Regulations—
“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 20082.
Amendments to the Immigration (Biometric Registration) Regulations 2008
2
The 2008 Regulations shall be amended as follows.
3
For regulation 3 of the 2008 Regulations (Requirement to apply for a biometric immigration document) substitute—
Requirement to apply for a biometric immigration document3
1
A person subject to immigration control must apply for the issue of a biometric immigration document where he satisfies—
a
one of the conditions in paragraph (2); and
b
the condition in paragraph (3).
2
The conditions are that the person makes an application—
a
for limited leave to remain under one of the categories of the immigration rules specified in regulation 4;
b
for limited leave to remain as a dependant of a person who is applying for limited leave to remain under one of those categories; or
c
whilst in the United Kingdom to replace his passport or other document in which there was a stamp, sticker or other attachment which indicated that he had been granted limited leave to enter, or remain in, the United Kingdom.
3
The condition is that the person makes the application under paragraph (2) on the form specified for that purpose in accordance with the immigration rules.
4
For regulation 4 of the 2008 Regulations (Specified categories) substitute—
Specified categories4
The specified categories under the immigration rules are—
a
as a Tier 4 (General) Student;
b
as a Tier 4 (Child) Student;
c
as a postgraduate doctor or dentist;
d
as an Academic Visitor granted leave in the United Kingdom for a period exceeding 6 months;
e
as the spouse or civil partner of a person present and settled in the United Kingdom;
f
as the unmarried or same-sex partner of a person present and settled in the United Kingdom;
g
as a visitor for private medical treatment;
h
as a domestic worker in a private household;
i
on the grounds of United Kingdom ancestry;
j
as a retired person of independent means;
k
as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means;
l
as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; or
m
as a sole representative.
5
Subject to regulation 9, in regulation 13(4)(b) and (c) of the 2008 Regulations (Issue of a biometric immigration document) for “eighteen” substitute “sixteen”.
6
In regulation 16(1) of the 2008 Regulations (Surrender of a biometric immigration document)—
a
in sub-paragraph (g) omit “or”; and
b
after sub-paragraph (h) insert—
i
the holder has failed to produce a valid passport or travel document when required to do so by an immigration officer; or
j
the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom)3.
7
In regulation 17 of the 2008 Regulations (Cancellation of a biometric immigration document)—
a
in paragraph (e) for “16(a) to (f) or (h)” substitute “16(a) to (f), (h), (i) or (j);”;
b
in paragraph (g) omit “or”; and
c
after paragraph (h) insert—
or
i
the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom).
8
In regulation 19(1)(a) of the 2008 Regulations (Requirement to apply for a replacement biometric immigration document) after “under” insert “paragraphs (a) to (g) of”.
Savings9
The amendment made by regulation 5 to regulation 13(4)(b) and (c) of the 2008 Regulations (Issue of a biometric immigration document) does not affect a biometric immigration document issued prior to the coming into force of these Regulations.
(This note is not part of the Regulations)