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

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

These Regulations amend the Immigration (Biometric Registration) Regulations 2008 (“the 2008 Regulations”).

Made under: UK Borders Act 2007 (Section 5, Section 6)

PDFs: Printed copy https://openlegislation.uk/immigration-biometric-registration-amendment-no-2-regulations-2009/pdf/uksi_20093321_en.pdf; Explanatory Memorandum https://openlegislation.uk/immigration-biometric-registration-amendment-no-2-regulations-2009/pdf/uksiem_20093321_en.pdf

## Introductory text

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 2007.

## 1 Citation 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.

## 2 Amendments to the Immigration (Biometric Registration) Regulations 2008

The Immigration (Biometric Registration) Regulations 2008 are amended as follows.

## 3 Amendments 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.”.

## 4 Amendments 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,”.

## 5 Amendments 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.

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Source: https://www.legislation.gov.uk/uksi/2009/3321 (the official version)
Page: https://openlegislation.uk/immigration-biometric-registration-amendment-no-2-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.