OpenLegislation

Regulation 10 Retention of fingerprintsF1

(1)

Save where regulation 9 applies and subject to paragraphs (2) and (3), the Secretary of State must take all reasonable steps to ensure that any record of a person’s fingerprints held by the Secretary of State by virtue of these Regulations, including any copies, is destroyed at the end of the period of F215 years beginning with F3—

(a)

the date on which the fingerprints were provided; F4...

(b)

the date on which they are reused in connection with an application made by the person which comes within paragraph (5) F5; or

(F6c)

the date on which they are reused in connection with seeking to enter the United Kingdom,

whichever is the later.

(2)

But fingerprints can be held beyond that period if they are—

(a)

the fingerprints of a person who is, or at any time has been, subject to a deportation order, exclusion order or decision to exclude;

(F7aa)

the fingerprints of a person liable to arrest under paragraph 10(1)(b) of Schedule 10 to the Immigration Act 2016 for failing to comply with a condition of immigration bail of the kind mentioned in paragraph 2(1)(a) of that Schedule, subject to which the person’s immigration bail was granted;

(b)

the fingerprints of a person who can be, or at any time could have been, refused entry clearance or leave to enter for a period specified in the immigration rules because of a previous breach of the United Kingdom’s immigration laws;

(c)

fingerprints that the Secretary of State deems it necessary for national security reasons to retain for use in connection with one of the functions specified in regulation 8(1);

(d)

the fingerprints of a person with indefinite leave to enter or remain in the United Kingdom; F8or

(e)

the fingerprints of a person whose indefinite leave to enter or remain in the United Kingdom lapses, is revoked or is cancelled, in which case they must be destroyed by the Secretary of State at the end of ten years beginning with the date of the lapse, revocation or cancellation (as the case may be); F9...

(f)

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

(3)

The Secretary of State is only required to take steps to destroy, pursuant to paragraph (2)(e) F10..., the fingerprints of a person whose leave has lapsed F11... on the application, supported by evidence to the satisfaction of the Secretary of State, of that person.

F12(4)

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

(F135)

An application comes within this paragraph if it is an application for—

(a)

entry clearance;

(b)

leave to enter;

(c)

leave to remain; or

(d)

registration or naturalisation as a British citizen.

Annotations

Textual amendments

F1

Regs. 8-10B substituted for regs. 8-10 (6.4.2015) by The Immigration (Provision of Physical Data) (Amendment) Regulations 2015 (S.I. 2015/737), regs. 1(1), 7

F2

Word in reg. 10(1) 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. 2(3)(a)(i)

F3

Reg. 10(1)(a)(b) substituted for words in reg. 10(1) (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. 2(3)(a)(ii)

F4

Word in reg. 10(1) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 11(a)

F5

Word in reg. 10(1)(b) inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 11(b)

F6

Reg. 10(c) inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 11(c)

F7

Reg. 10(aa) inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 11(d)

F8

Word in reg. 10(2)(d) 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), 32(4)(a) (with reg. 32(7))

F9

Reg. 10(2)(f) and word omitted (31.12.2020) by virtue of 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), 32(4)(b) (with reg. 32(7))

F10

Words in reg. 10(3) omitted (31.12.2020) by virtue of 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), 32(4)(c)(i) (with reg. 32(7))

F11

Words in reg. 10(3) omitted (31.12.2020) by virtue of 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), 32(4)(c)(ii) (with reg. 32(7))

F12

Reg. 10(4) omitted (31.12.2020) by virtue of 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), 32(4)(d) (with reg. 32(7))

F13

Reg. 10(5) inserted (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. 2(3)(b)