Regulation 3 Requirement to apply for a biometric immigration documentF1

United Kingdom

(1)

F2A person subject to immigration control must apply for the issue of a biometric immigration document where he—

(a)

satisfies the condition in paragraph (2); or

(b)

is a person falling within paragraph (3).

(2)

The condition is that whilst in the United Kingdom the person makes an application—

(a)

for F3... leave F4to enter or remain F5...;

F6(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

to replace a stamp, sticker or other attachment in a passport or other document which indicated that he had been granted limited or indefinite leave to enter or remain in the United Kingdom;

(d)

to replace a letter which indicated that he had been granted limited or indefinite leave to enter or remain in the United Kingdom;

(e)

to be recognised as a refugee or a person in need of humanitarian protection;

(f)

to be recognised as a stateless person in accordance with Article 1 of the Stateless Convention;

(g)

for a Convention Travel Document, Stateless Person’s Travel Document or a Certificate of Travel and does not already hold a valid biometric immigration document; or

(h)

as the dependant of a person who is making an application in accordance with sub-paragraph (a), F7... (e) or (f).

(F83)

Subject to paragraph (4), a person falls within this paragraph if that person has been notified on or after 1st December 2012 that the Secretary of State has decided to grant the person leave to enter or remain in the United Kingdom;

(4)

A person does not fall within paragraph (3) if—

(a)

he was required to apply for a biometric immigration document in respect of his application for that leave; or

(b)

he was required to apply for a biometric immigration document in respect of any application mentioned in paragraph (2).

(5)

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.

(F95A)

This regulation does not apply to a person who makes an application for, or has been granted, leave to enter or remain under residence scheme immigration rules.

(5B)

“Residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

F10(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Reg. 3 substituted (29.2.2012) by The Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594), regs. 1(2), 4
F2: Word in reg. 3(1) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 4(a)
F3: Word in reg. 3(2)(a) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 14(a)(i)
F4: Words in reg. 3(2) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 4(b)(i)
F5: Words in reg. 3(2)(a) omitted (17.3.2015) by virtue of The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 4(b)(ii)
F6: Reg. 3(2)(b) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 14(a)(ii)
F7: Word in reg. 3(2)(h) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 14(a)(iii)
F8: Reg. 3(3) substituted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 14(b)
F9: Reg. 3(5A)(5B) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 34(2)
F10: Reg. 3(6) omitted (17.3.2015) by virtue of The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 4(d)