The Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009
Draft 2009, ISBN 9780111488287
This Statutory Instrument has been printed to correct errors in the earlier draft laid on 2nd November 2009 and is being issued free of charge to all known recipients of that Statutory Instrument.
Draft Regulations laid before Parliament under section 6(6)(e) of the UK Borders Act 2007, for approval by resolution of each House of Parliament.
Immigration
Made ***
Coming into force 6th January 2010
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 2007f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendments to the Immigration (Biometric Registration) Regulations 2008
- 3Amendments to the Immigration (Biometric Registration) Regulations 2008
- 4Amendments to the Immigration (Biometric Registration) Regulations 2008
- 5Amendments to the Immigration (Biometric Registration) Regulations 2008
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 and shall come into force on 6th January 2010.
2Amendments to the Immigration (Biometric Registration) Regulations 2008
The Immigration (Biometric Registration) Regulations 2008f1 are amended as follows.
3Amendments to the Immigration (Biometric Registration) Regulations 2008
In regulation 2 (Interpretation) for the definition of “dependant” substitute—
““dependant” means a spouse, a civil partner, an unmarried or same-sex partner, or a child.”.
4Amendments to the Immigration (Biometric Registration) Regulations 2008
In paragraph (2)(b) of regulation 3 (Requirement to apply for a biometric immigration document) after “applying” insert “, or has applied on or after 25th November 2008,”.
5Amendments to the Immigration (Biometric Registration) Regulations 2008
In regulation 4 (Specified categories)—
after paragraph (l) omit “or”;
in paragraph (m) for “sole representative” substitute “representative of an overseas business;”; and
after paragraph (m) insert—
“or
(n)as a Tier 2 Migrant making an application under that category for leave to remain for a period which, together with any preceding period of leave, exceeds a cumulative total of 6 months leave in the UK as a Tier 2 Migrant.”.
Signature
Name
Parliamentary Under-Secretary of State
Home Office
Date
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Immigration (Biometric Registration) Regulations 2008 (“the 2008 Regulations”).
Regulation 3 amends regulation 2 of the 2008 Regulations to extend the definition of dependants to include unmarried and same-sex partners.
Regulation 4 ensures those dependants applying for leave under one of the categories specified in regulation 4 of the 2008 Regulations are required to also apply for a biometric immigration document in circumstances when their application for leave is made after that of the primary applicant.
Regulation 5 reflects the changes made to the immigration rules in respect of Sole Representatives and extends the categories of persons who are required to apply for a biometric immigration document to Tier 2 Migrants.