Regulation 7G Retention of fingerprintsF1

(1)

Save where regulation 7F 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 F215 years beginning with F3—

(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;

(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 7E(1);

(d)

the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; F4or

(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); F5...

(f)

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

(3)

The Secretary of State is only required to take steps to destroy, pursuant to paragraph (2)(e) F6..., the fingerprints of a person whose leave has lapsed F7... on the application, supported by evidence to the satisfaction of the Secretary of State, of that person.

F8(4)

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

F9(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.

Annotations

Textual amendments

F1: Pt. IIA inserted (6.4.2015) by The British Nationality (General) (Amendment) Regulations 2015 (S.I. 2015/738), regs. 1(1), 2(3)
F2: Word in reg. 7G(1) substituted (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 1(3)(a)(i)
F3: Reg. 7G(1)(a)(b) substituted for words (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 1(3)(a)(ii)
F4: Word in reg. 7G(2)(d) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(4)(a)(i)
F5: Reg. 7G(2)(f) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(4)(a)(ii)
F6: Words in reg. 7G(3) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(4)(b)(i)
F7: Words in reg. 7G(3) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(4)(b)(ii)
F8: Reg. 7G(4) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 80(4)(c)
F9: Reg. 7G(5) inserted (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 1(3)(b)