Regulation 23 Consequences of a failure to comply with a requirement of these RegulationsF1
United Kingdom
Subject to paragraphs (3) and (4), where a person who is required to make an application for the issue of a biometric immigration document fails to comply with a requirement of these Regulations, the Secretary of State—
may take any, or any combination, of the actions specified in paragraph (2); and
F2may consider giving a notice under section 9 of the UK Borders Act 2007.
The actions specified are to—
refuse an application for a biometric immigration document;
prevent the person from generating a share code until they have complied with the requirement;
treat the person’s F4application for leave to enter or remain or for entry clearance as invalid;
refuse the person’s application for leave to enter or remain or for entry clearance; and
cancel or vary the person’s leave to enter or remain.
Where a person is required to apply for a biometric immigration document under F5regulation 3(2)(a) or (f) F6or regulation F73A(2) or as a dependant of F8such a person F9... and fails to comply with a requirement of these Regulations, the Secretary of State—
must refuse the person’s application for a biometric immigration document;
must treat the person’s F10application for leave to enter or remain or for entry clearance as invalid; and
may cancel or vary the person’s leave to enter or remain.
Where a person is required to apply for a biometric immigration document under regulation 3(2)(e) F11... or (g) or as the dependant of a person who has made an application in accordance with regulation 3(2)(e) F12... and fails to comply with a requirement of these Regulations the Secretary of State—
may refuse the application for a biometric immigration document; and
F13may consider giving a notice under section 9 of the UK Borders Act 2007.
Where any person apart from a person referred to in paragraph (1), (3) or (4) fails to comply with a requirement of these Regulations, the Secretary of State must consider giving a notice under section 9 of the UK Borders Act 2007.
The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.
In this regulation “share code” means an electronically generated code to allow a third party to access information about an individual’s immigration status.
Annotations
Textual amendments
- F1
Reg. 23 substituted (29.2.2012) by The Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594), regs. 1(2), 10
- F2
Word in reg. 23(1)(b) substituted (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 3(13)
- F3
Reg. 23(2)(aa) inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(a)
- F4
Words in reg. 23(2) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(a)
- F5
Words in reg. 23(3) substituted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(b)(i)
- F6
Words in reg. 23(3) inserted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(b)(i)
- F7
Word in reg. 23(3) substituted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(b)(ii)
- F8
Word in reg. 23(3) inserted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(b)(ii)
- F9
Words in reg. 23(3) omitted (17.3.2015) by virtue of The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(b)(iii)
- F10
Words in reg. 23(3) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(a)
- F11
Word in reg. 23(4) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(c)(i)
- F12
Words in reg. 23(4) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(c)(ii)
- F13
Word in reg. 23(4)(b) substituted (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 3(13)
- F14
Reg. 23(7) inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(d)