OpenLegislation

Regulation 23 Consequences of a failure to comply with a requirement of these RegulationsF1

United Kingdom

(1)

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—

(a)

may take any, or any combination, of the actions specified in paragraph (2); and

(b)

F2may consider giving a notice under section 9 of the UK Borders Act 2007.

(2)

The actions specified are to—

(a)

refuse an application for a biometric immigration document;

(F3aa)

prevent the person from generating a share code until they have complied with the requirement;

(b)

treat the person’s F4application for leave to enter or remain or for entry clearance as invalid;

(c)

refuse the person’s application for leave to enter or remain or for entry clearance; and

(d)

cancel or vary the person’s leave to enter or remain.

(3)

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—

(a)

must refuse the person’s application for a biometric immigration document;

(b)

must treat the person’s F10application for leave to enter or remain or for entry clearance as invalid; and

(c)

may cancel or vary the person’s leave to enter or remain.

(4)

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—

(a)

may refuse the application for a biometric immigration document; and

(b)

F13may consider giving a notice under section 9 of the UK Borders Act 2007.

(5)

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.

(6)

The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.

(F147)

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)