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

S.I. 2009/3321 · Made 15 December 2009

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.

Immigration

Made 15th December 2009

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 and commencement
  2. 2Amendments to the Immigration (Biometric Registration) Regulations 2008
  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. Signature
  7. 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)—

(a)

after 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 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

Meg Hillier

Parliamentary Under-Secretary of State

Home Office

15th December 2009

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.