The Immigration (Biometric Registration) Regulations 2008

Made: 24th November 2008

Coming into force: 25th November 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5, 6(3), 6(6), 7, 8 and 15(1)(g) of the UK Borders Act 2007[^f00001].

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 interpretation

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These Regulations may be cited as the Immigration (Biometric Registration) Regulations 2008 and shall come into force on the day after the day on which they are made.

2

In these Regulations—

• “biometric card” means a card which forms part of a biometric immigration document and which is issued to a person who has made an application under regulation 3 or 3A recording the holder’s immigration status;

• “biometric information” means photographs or fingerprints provided under regulation 5;

• “biometric sticker” means a sticker which forms part of a biometric immigration document which—is issued to a person who has made an application under regulation 3 or 3A recording the holder’s immigration status; andconsists of a stamp or other attachment in a passport or other document which indicates that the holder has been granted entry clearance or limited or indefinite leave to enter or remain in the United Kingdom;

• “Certificate of Travel” means a travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably refused a passport by their own authorities and who have—been refused recognition as a refugee or as a stateless person but have been granted discretionary leave to remain or humanitarian protection; orbeen granted indefinite leave to enter or remain;

• “Convention travel document” means a travel document issued pursuant to Article 28 of the Geneva Convention;

• “dependant” means a spouse, a civil partner, an unmarried or same sex partner, or a child;

• “eVisa” means an online record of an individual’s immigration status and conditions of leave to enter or remain in the United Kingdom;

• “Geneva Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the New York Protocol of 31st January 1967;

• “humanitarian protection” means protection granted in accordance with Part 11 of the immigration rules;

• “immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971;

• “leave to enter” means limited or indefinite leave to enter the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules;

• “leave to remain” means limited or indefinite leave to remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules;

• “refugee” means a person who falls within Article 1 of the Geneva Convention;

• “Stateless Convention” means the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954; and

• “Stateless Person’s Travel Document” means a travel document issued pursuant to Article 28 of the Stateless Convention.

Requirement to apply for a biometric immigration document

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• (1) A person subject to immigration control must apply for the issue of a biometric immigration document where he—

• (a) satisfies the condition in paragraph (2); or

• (b) is a person falling within paragraph (3).

• (2) The condition is that whilst in the United Kingdom the person makes an application—

• (a) for ... leave to enter or remain ...;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) to replace a stamp, sticker or other attachment in a passport or other document which indicated that he had been granted limited or indefinite leave to enter or remain in the United Kingdom;

• (d) to replace a letter which indicated that he had been granted limited or indefinite leave to enter or remain in the United Kingdom;

• (e) to be recognised as a refugee or a person in need of humanitarian protection;

• (f) to be recognised as a stateless person in accordance with Article 1 of the Stateless Convention;

• (g) for a Convention Travel Document, Stateless Person’s Travel Document or a Certificate of Travel and does not already hold a valid biometric immigration document; or

• (h) as the dependant of a person who is making an application in accordance with sub-paragraph (a), ... (e) or (f).

• (3) Subject to paragraph (4), a person falls within this paragraph if that person has been notified on or after 1st December 2012 that the Secretary of State has decided to grant the person leave to enter or remain in the United Kingdom;

• (4) A person does not fall within paragraph (3) if—

• (a) he was required to apply for a biometric immigration document in respect of his application for that leave; or

• (b) he was required to apply for a biometric immigration document in respect of any application mentioned in paragraph (2).

• (5) Where a person is required to apply for a biometric immigration document, that application must be made on the form or in the manner specified for that purpose (if one is specified) in the immigration rules.

• (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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specified categories

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power for an authorised person to require a person to provide biometric information

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• (1) Subject to regulation 7, where a person makes an application for the issue of a biometric immigration document in accordance with regulation 3 or regulation 3A, an authorised person may require him to provide a record of his fingerprints and a photograph of his face.

• (2) Where an authorised person requires a person to provide biometric information in accordance with paragraph (1), the person must provide it.

Power for the Secretary of State to use and retain existing biometric information

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• (1) This regulation applies where —

• (a) a person makes an application for the issue of a biometric immigration document in accordance with regulation 3 , or regulation 3A; and

• (b) the Secretary of State already has a record of the person’s fingerprints or a photograph of the person’s face in his 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.

Provision in relation to persons under the age of sixteen

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• (1) A person under the age of sixteen (“the child”) must not be required to provide a record of his fingerprints or a photograph of his face in accordance with regulation 5 except where the authorised person is satisfied that the fingerprints or the photograph will be taken in the presence of a person aged eighteen or over who is —

• (a) the child’s parent or guardian; or

• (b) a person who for the time being takes responsibility for the child.

• (2) The person mentioned in paragraph (1)(b) may not be —

• (a) an officer of the Secretary of State who is not an authorised person;

• (b) an authorised person; or

• (c) any other person acting on behalf of an authorised person under regulation 8(1)(a) or (c).

• (3) This regulation does not apply if the authorised person reasonably believes that the person who is to be fingerprinted or photographed is aged sixteen or over.

Process by which a person’s fingerprints and photograph may be obtained and recorded

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• (1) An authorised person who requires an individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face under regulation 5 may do any one or more of the following—

• (a) require the individual to make an appointment before a specified date, which the individual must attend, to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person;

• (b) specify the date, time and place for the appointment;

• (c) require the individual to attend premises before a specified date to enable a record of the individual’s fingerprints or a photograph of the individual’s face to be taken by an authorised person or by a person acting on behalf of an authorised person; ...

• (d) specify any documents which the individual must bring to the appointment or premises, or action which the individual must take to confirm the individual’s identity ; and

• (e) require the individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face by electronic means.

• (2) An authorised person may require a record of fingerprints or photograph to be of a particular specification.

• (3) Where an authorised person requires an individual to submit to any requirement in accordance with paragraph (1), the individual must submit to it.

Use and retention of biometric information

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• (1) Biometric information provided in accordance with these Regulations may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—

• (a) the exercise of a function by virtue of the Immigration Acts; or

• (b) the exercise of a function in relation to nationality.

• (2) Biometric information retained by virtue of paragraph (1) may also be used—

• (a) in connection with the prevention, investigation or prosecution of an offence;

• (b) for a purpose which appears to the Secretary of State to be required in order to protect national security;

• (c) in connection with identifying persons who have died, or are suffering from illness or injury; and

• (d) for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled; ...

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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• (1) The Secretary of State must take all reasonable steps to ensure that biometric information held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed if the Secretary of State—

• (a) no longer thinks that it is necessary to retain the information for use as mentioned in regulation 9(1); or

• (b) subject to the exception in paragraph (2), is satisfied that the person to whom the information relates 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.

• (2) The exception is that photographs of a person who is registered or naturalised as a British citizen may be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.

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• (1) Save where regulation 10 applies and subject to paragraphs (2) and (3), the Secretary of State must take all reasonable steps to ensure that any record of a person’s fingerprints held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed at the end of the period of 15 years beginning with —

• (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.

• (2) But fingerprints can be held beyond that period if they are—

• (a) the fingerprints of a person who is, or at any time has been, subject to a deportation order, exclusion order or decision to exclude;

• (aa) the fingerprints of a person liable to arrest under paragraph 10(1)(b) of Schedule 10 to the Immigration Act 2016 for failing to comply with a condition of immigration bail as specified in paragraph 2(1)(a) of that Schedule;

• (b) the fingerprints of a person who can be, or at any time could have been, refused entry clearance or leave to enter for a period specified in the immigration rules because of a previous breach of the United Kingdom’s immigration laws;

• (c) fingerprints that the Secretary of State deems it necessary for national security reasons to retain for use in connection with one of the functions specified in regulation 9(1);

• (d) the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; or

• (e) the fingerprints of a person whose indefinite leave to enter or remain in the United Kingdom lapses, is revoked or is cancelled, in which case they must be destroyed by the Secretary of State at the end of ten years beginning with the date of the lapse, revocation or cancellation (as the case may be); ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Secretary of State is only required to take steps to destroy, pursuant to paragraph (2)(e) ..., the fingerprints of a person whose leave has lapsed ... on the application, supported by evidence to the satisfaction of the Secretary of State, of that person.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

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• (1) The Secretary of State must take all reasonable steps to ensure—

• (a) that data held in electronic form which relates to biometric information which has to be destroyed by virtue of these Regulations is destroyed or erased; or

• (b) that access to such data is blocked.

• (2) A person whose biometric information has to be destroyed by virtue of these Regulations is entitled, on written request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by paragraph (1).

• (3) A certificate issued under paragraph (2) must be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State.

Issue of a biometric immigration document

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• (1) The Secretary of State may issue a biometric immigration document ... to a person who has applied in accordance with regulation 3, provided the Secretary of State has decided to —

• (a) grant leave to enter or remain to the person; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) issue or replace a document to the person following an application mentioned in regulation 3(2)(g).

• (1A) The reference to the issue of a biometric immigration document in paragraph (1) includes allowing the person to view their biometric immigration document electronically.

• (2) A biometric immigration document issued under this regulation begins to have effect on the date of issue or if later, the date on which the leave to enter or remain specified in an eVisa has effect.

• (3) A biometric immigration document issued under this regulation ceases to have effect on one of the dates specified in paragraph (4), whichever date occurs earliest.

• (4) The specified dates are —

• (a) the date that the person’s leave to remain ceases to have effect, including where the leave to remain is varied, cancelled or invalidated, or is to lapse;

• (b) in the case of a biometric card or biometric sticker which was issued to a person aged sixteen or over, the date after the expiry of ten years beginning with the date of issue; ...

• (c) in the case of a biometric card or biometric sticker which was issued to a person aged under sixteen, the date after the expiry of five years beginning with the date of issue; or

• (d) the expiry date printed on the biometric card or biometric sticker where issued to the person.

• (5) Where the person is issued with a biometric card or biometric sticker, the information contained on that card or sticker is to be read subject to the information on the person’s biometric immigration document.

Requirement to surrender documents connected with immigration and nationality

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• (1) On issuing the biometric immigration document, the Secretary of State may require the surrender of other documents connected with immigration or nationality.

• (2) Where the Secretary of State requires the surrender of other documents, the person must comply with the requirement.

Content of a biometric immigration document

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• (1) A biometric immigration document may contain some or all of the following information ... —

• (a) the title of the document;

• (b) the document number;

• (c) the name of the holder;

• (d) the holder’s date of birth;

• (e) the holder’s place of birth;

• (f) the holder’s nationality;

• (g) the sex of the holder;

• (h) the period for which the holder has leave to enter or remain;

• (i) the class of leave to enter or remain which the holder has;

• (j) any conditions to which the limited leave to enter or remain is subject or remarks relating to those conditions;

• (ja) other information connected with the holder’s immigration status or nationality;

• (k) the place and date of issue of the document;

• (l) the period for which the document is valid;

• (m) the holder’s facial image;

• (n) the signature of the holder;

• (o) a machine readable code;

• (p) a hologram;

• (q) an emblem of the United Kingdom and the words “United Kingdom”;