Regulation 5 Amendment of the 2008 Regulations

After regulation 3 (requirement to apply for a biometric immigration document) insert—

“3A.

(1)

A person who is subject to immigration control and satisfies the conditions in paragraph (2) must apply for the issue of a biometric immigration document.

(2)

The conditions are—

(a)

that the person makes an application—

(i)

for entry clearance, which, by virtue of provision made under section 3A(3) of the Immigration Act 1971^f1, has effect as leave to enter the United Kingdom for a limited period which exceeds 6 months; or

(ii)

for entry clearance, which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as indefinite leave to enter the United Kingdom; or

(iii)

as the dependant of a person who is making an application in accordance with paragraph (i) or (ii); and

(b)

the person specifies in that application that they will enrol their biometric information in a country or territory listed in the Schedule to these Regulations.

(3)

Where a person is required to apply for a biometric immigration document, that application must be made on the form or in the manner specified for that purpose (if one is specified) in the immigration rules.”.