{
  "url": "https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2009/note",
  "json_url": "https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2009/note.json",
  "legislation": "ukdsi/2009/9780111473559",
  "legislation_title": "The Immigration (Biometric Registration) (Amendment) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Immigration (Biometric Registration) Regulations 2008 S.I 2008/3048, (“the 2008 Regulations”) so as to extend the categories of persons who are required to apply for a biometric immigration document and make certain other necessary changes for the effective operation of the scheme.\nRegulation 3 substitutes in its entirety regulation 3 of the 2008 Regulations to extend the requirement to apply for a biometric immigration document to those individuals who are subject to immigration control and who opt or are required to update or replace their passport or travel document containing a stamp, sticker or other attachment which evidences that they have been granted limited leave to enter, or remain in, the United Kingdom.\nRegulation 4 substitutes in its entirety regulation 4 of the 2008 Regulations to extend the categories of limited leave to which the 2008 Regulations apply and to reflect changes made to the immigration rules.\nRegulation 5 amends regulation 13 of the 2008 Regulations to lower the age which determines the date on which a biometric immigration document ceases to have effect. In the case of a biometric immigration document which was issued to a person aged sixteen or over, it will cease to have effect after the expiry of ten years beginning with the date of issue. In the case of a person aged under sixteen, it will cease to have effect after the expiry of five years beginning with the date of issue.\nRegulation 6 amends regulation 16 of the 2008 Regulations to include a further two instances when the Secretary of State may require a holder of a biometric immigration document to surrender it. The first of these is where the holder has failed to produce a valid passport or travel document when required to do so by an immigration officer. Secondly where an individual demonstrates 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.\nRegulation 7 amends regulation 17 of the 2008 Regulations to enable the Secretary of State to cancel a biometric immigration document in circumstances where an individual has proved 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.\nRegulation 8 amends regulation 19 of the 2008 Regulations to reflect the amendments made to Regulation 17. A person who has proved he has British or Commonwealth citizenship need not apply for a replacement biometric immigration document.\nRegulation 9 saves the provisions of regulation 13(4)(b) and (c) as originally enacted in relation to biometric identity documents issued before these Regulations come into force.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111473559/note",
    "retrieved_at": "2026-10-30T14:57:59.406179+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}