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The Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2009, ISBN 9780111487129

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

2007 c.30.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the Immigration (Biometric Registration) Regulations 2008
  4. 4Amendments to the Immigration (Biometric Registration) Regulations 2008
  5. 5Amendments to the Immigration (Biometric Registration) Regulations 2008
  6. 6Amendments to the Immigration (Biometric Registration) Regulations 2008
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 and shall come into force on 6th January 2010.

2Citation, commencement and interpretation

In these Regulations—

  • “the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008f1.

3Amendments to the Immigration (Biometric Registration) Regulations 2008

The 2008 Regulations are amended as follows.

4Amendments 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.”.

5Amendments to the Immigration (Biometric Registration) Regulations 2008

In sub-paragraph (2)(b) of regulation 3 of the 2008 Regulations (Requirement to apply for a biometric immigration document) after “applying” insert “, or has applied,” and after “categories” insert “after 25th November 2008”.

6Amendments to the Immigration (Biometric Registration) Regulations 2008

In regulation 4 of the 2008 Regulations (Specified categories)—

(a)

in paragraph (l) omit “or”;

(b)

in paragraph (m) for “sole representative” substitute “representative of an overseas business;”; and

(c)

after paragraph (m) insert—

“or

(n)

as a Tier 2 Migrant making an application for leave to remain in that category for a period which, in addition to 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 4 amends regulation 2 of the 2008 Regulations to extend the definition of dependants to include unmarried and same-sex partners.

Regulation 5 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 6 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.