Regulation 8 Amendments to the 2008 Regulations

(1)

Regulation 21(requirement to use a biometric immigration document) is amended as follows.

(2)

In paragraph (1)—

(a)

for sub-paragraph (d) substitute—

“(d)
where he makes an application for entry clearance, leave to enter or leave to remain;

(da)
where he makes an application to be recognised as a refugee, as a person in need of humanitarian protection, or as a stateless person in accordance with Article 1 of the Stateless Convention;

(db)
where he applies as a dependant of a person who makes an application mentioned in sub-paragraph (d) or (da);

(dc)
where he makes an application for a Convention Travel Document, Stateless Person’s Travel Document or a Certificate of Travel;”;

(b)

for sub-paragraph (e) substitute—

“(e)
when his dependant makes an application—

(i)
i)for entry clearance, leave to enter, leave to remain; or

(ii)
to be recognised as a refugee, as a person in need of humanitarian protection, or as a stateless person in accordance with Article 1 of the Stateless Convention;”.

(3)

At the beginning of paragraph (3)(b) insert “where he has limited leave to remain,”.

(4)

After paragraph (3)insert—

“(4)
Where the holder of a biometric immigration document makes—

(a)
an application for a certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002^f1 that a person has the right of abode in the United Kingdom;

(b)
an application for a letter or other document confirming a person’s immigration or nationality status or that a person is not a British citizen;

(c)
an application for naturalisation as a British citizen under section 6(1) or (2) of the British Nationality Act 1981^f2, or as a British overseas territories citizen under section 18(1) or (2) of that Act; or

(d)
an application for registration under any provision of the British Nationality Act 1981,

he must provide his biometric immigration document to the Secretary of State or a person acting on behalf of the Secretary of State in connection with that application.”.

Annotations

Footnotes

f1: 2002 c.41; section10(2) was amended by section 50(5) of the Immigration, Asylum and Nationality Act 2006 (c.13); section 10 (2)(e) was repealed by sections 52(7), 61, Schedule 2, paragraph 4(a), Schedule 3 of the same Act; section 10(2)(f) substituted by section 52(7), Schedule 2, paragraph 4(b) of that same Act.
f2: 1981 c.61; section 6(2) was amended by section 261 and paragraph 72 of Schedule 27 to the Civil Partnership Act 2004 (c.33); subsections (2), (3) and (4) were amended by section 40(1) and (2) respectively of the Borders, Citizenship and Immigration Act 2009 (c.11); section 18(1), (2) and (3) were amended by sections 1 and 2 of the British Overseas Territories Act 2002 (c.8); section 18(2) was amended by section 261 and paragraph 72 of Schedule 27 to the Civil Partnership Act 2004 (c.33).