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In force since 2025-03-27, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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26 provisions
Title and introductory text
2025 No. 382
IMMIGRATION
The Immigration (Biometric Information etc.) (Amendment) Regulations 2025
Made
24th March 2025
Coming into force
27th March 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by section 126(1) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) and sections 5(1), 6(6), 7 and 8 of the UK Borders Act 2007 (“the 2007 Act”).
In accordance with section 126(8)(b) of the 2002 Act and section 6(6)(e) of the 2007 Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.
Propose a change1 Citation, commencement and extent
(1) These Regulations may be cited as the Immigration (Biometric Information etc.) (Amendment) Regulations 2025.
(2) These Regulations come into force on 27th March 2025.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Propose a change2 Amendments to the Immigration (Provision of Physical Data) Regulations 2006
The Immigration (Provision of Physical Data) Regulations 2006 are amended in accordance with regulations 3 to 11.
Propose a change3 Amendment to regulation 2
In regulation 2 (interpretation), in the definition of “application”, omit paragraphs (a) and (b).
Propose a change4 Amendment to regulation 3
In regulation 3 (power for an authorised person to require an individual to provide a record of his fingerprints and a photograph of his face), after “an individual who makes an application” insert “or an entrant”.
Propose a change5 Amendment to regulation 4
In regulation 4 (provision in relation to applicants under the age of sixteen)—
(a) in the heading, after “applicants” insert “and entrants”;
(b) in paragraph (1), after “applicant” insert “or entrant”;
(c) in paragraph (4), after “applicant” insert “or entrant”.
Propose a change6 Amendment to regulation 5
In regulation 5 (provision in relation to section 141 of the Immigration and Asylum Act 1999), after “applicant” insert “or entrant”.
Propose a change7 Amendment to regulation 6
In regulation 6 (process by which an individual’s fingerprints and photograph may be obtained and recorded)—
(a) in paragraph (1)—
(i) for “individual” in each place where it appears, substitute “applicant”;
(ii) for “individual’s” in each place where it appears, substitute “applicant’s”;
(iii) omit “and” at the end of sub-paragraph (c);
(iv) at the end of sub-paragraph (d), insert “and”;
(v) after sub-paragraph (d) insert—
(e) require the applicant to provide a record of the applicant’s fingerprints or a photograph of the applicant’s face by electronic means.
;
(b) after paragraph (1), insert—
(1A) An authorised person may require an entrant to provide a record of their fingerprints or a photograph of their face upon arrival in the United Kingdom.
;
(c) after paragraph (2), insert—
(3) An authorised person who requires an applicant or entrant to provide biometric information may require or permit that biometric information to be provided by automated means.
.
Propose a change8 Substitution of regulation 6A
For regulation 6A (documents recording biometric information), substitute—
Documents recording biometric information
6A Biometric information provided under these Regulations may be recorded on any document issued as a result of—
(a) the application in relation to which the information was provided; or
(b) seeking to enter the United Kingdom on the occasion in relation to which the information was provided.
.
Propose a change9 Amendment to regulation 7
In regulation 7 (consequences of failure to comply with these Regulations)—
(a) in paragraph (1), for “individual” substitute “applicant”;
(b) after paragraph (3), insert—
(4) Where an entrant does not provide a record of his fingerprints or a photograph of his face in accordance with a requirement imposed under these Regulations, that entrant may be refused leave to enter the United Kingdom or any extant leave to enter or remain held by him may be cancelled.
.
Propose a change10 Amendment to regulation 8A
In regulation 8A (power to use and retain existing biometric information), in paragraph (1)(a), after “application” insert “or seeks to enter the United Kingdom”.
Propose a change11 Amendment to regulation 10
In regulation 10 (retention of fingerprints)—
(a) at the end of paragraph (1)(a), omit “or”;
(b) in paragraph (1)(b), after “paragraph (5)”, insert “; or”;
(c) after paragraph (1)(b), insert—
(c) the date on which they are reused in connection with seeking to enter the United Kingdom,
;
(d) after paragraph (2)(a) insert—
(aa) 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;
.
Propose a change12 Amendments to the Immigration (Biometric Registration) Regulations 2008
The Immigration (Biometric Registration) Regulations 2008 are amended in accordance with regulations 13 to 22.
Propose a change13 Amendment to regulation 2
In regulation 2 (interpretation)—
(a) after the definition of “dependant” insert—
“eVisa” means an online record of an individual’s immigration status and conditions of leave to enter or remain in the United Kingdom;
;
(b) in the definition of “humanitarian protection”, for “paragraph 339C” substitute “Part 11”.
Propose a change14 Amendment to regulation 3
In regulation 3 (requirement to apply for biometric immigration document)—
(a) in paragraph (2)—
(i) in sub-paragraph (a), omit “limited”;
(ii) omit sub-paragraph (b);
(iii) in sub-paragraph (h), omit “(b),”;
(b) for paragraph (3) substitute—
(3) 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;
.
Propose a change15 Amendment to regulation 3A
In regulation 3A(2)(a) (applications for entry clearance)—
(a) in paragraph (i), omit “for a limited period which exceeds 6 months”;
(b) omit paragraph (ii);
(c) in paragraph (iii), for “or (ii); and” substitute “; or”;
(d) after paragraph (iii), insert—
(iv) to replace a letter, stamp, sticker or other attachment in a passport or other document which indicated that the person has been granted leave to enter or remain with another document that indicates the same information; or
(v) for leave to enter the United Kingdom where the person seeking leave to enter presents a Convention travel document endorsed with an entry clearance for that journey to the United Kingdom; and
.
Propose a change16 Amendment to regulation 8
In regulation 8(1) (process by which an individual’s fingerprints and photograph may be obtained and recorded)—
(a) omit “and” at the end of sub-paragraph (c);
(b) at the end of sub-paragraph (d), for “.” substitute “; and”;
(c) after sub-paragraph (d) insert—
(e) require the individual to provide a record of the individual’s fingerprints or a photograph of the individual’s face by electronic means.
.
Propose a change17 Amendment to regulation 11
In regulation 11(2) (retention of fingerprints), after sub-paragraph (a) insert—
(aa) 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 as specified in paragraph 2(1)(a) of that Schedule;
.
Propose a change18 Amendment to regulation 13
In regulation 13 (issue of a biometric immigration document: leave to enter the United Kingdom)—
(a) in paragraph (1)—
(i) for sub-paragraph (a), substitute “grant leave to enter or remain to the person; or”;
(ii) omit sub-paragraph (b);
(iii) for sub-paragraph (c), substitute “issue or replace a document to the person following an application mentioned in regulation 3(2)(g).”;
(b) in paragraph (2), at the end insert “or if later, the date on which the leave to enter or remain specified in an eVisa has effect.”.
Propose a change19 Amendment to regulation 13A
In regulation 13A (issue of a biometric immigration document: entry clearance)—
(a) for paragraph (1), substitute—
(1) The Secretary of State may issue a biometric immigration document to a person who has applied in accordance with regulation 3A and has been granted entry clearance, which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as leave to enter the United Kingdom.
;
(b) in paragraph (4), at the end insert “or if later, the date on which the entry clearance specified in an eVisa has effect”.
Propose a change20 Amendment to regulation 18
In regulation 18 (requirement to notify Secretary of State)—
(a) the existing text is numbered as paragraph (1);
(b) in sub-paragraph (e) of the renumbered paragraph (1), for “consent or” substitute “consent and”;
(c) after the renumbered paragraph (1), insert—
(2) For the purposes of paragraph (1)(a), a facial image included in an eVisa is to be treated as becoming misleading information to which the duty to notify under paragraph (1) applies—
(a) in the case of a holder aged between 16 and 70, after a period of 10 years;
(b) in the case of a holder aged under 16, after a period of 5 years.
.
Propose a change21 Amendment to regulation 19
In regulation 19 (requirement to apply for replacement biometric immigration document)—
(a) in paragraph (1)—
(i) after “person” insert “under the age of 70”;
(ii) after “to apply” insert “under regulation 3 or 3A”;
(b) in paragraph (2), for “3 months” substitute “18 months”.
Propose a change22 Amendment to regulation 23
In regulation 23 (consequences of failure to comply with a requirement of the Immigration (Biometric Registration) Regulations 2008)—
(a) after paragraph (2)(a), insert—
(aa) prevent the person from generating a share code until they have complied with the requirement;
;
(b) in paragraph (3)—
(i) for “regulation 3(2)(a) or (b)” substitute “regulation 3(2)(a) or (f)”;
(ii) for “3A(2)(a) or (b)” substitute “3A(2)”;
(c) in paragraph (4)—
(i) omit “, (f)”;
(ii) omit “or (f)”;
(d) after paragraph (6) insert—
(7) In this regulation “share code” means an electronically generated code to allow a third party to access information about an individual’s immigration status.
.
Propose a change23 Amendment to the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021
After regulation 7(2)(a) (retention of fingerprints) of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021, insert—
(aa) 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;
.
Propose a change24 Amendment to the Channel Tunnel (International Arrangements) Order 1993
In Schedule 4 (enactments modified) to the Channel Tunnel (International Arrangements) Order 1993, before paragraph 6 insert—
5A In regulation 6(1A) of the Immigration (Provision of Physical Data) Regulations 2006 (Process by which an individual’s fingerprints and photograph may be obtained and recorded), after the words “arrival in the United Kingdom” insert “or entry into the control zone in France, Belgium or the Netherlands, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system”.
.
Propose a change25 Amendment to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
In Schedule 2 (modification of applied enactments) to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, after paragraph 4, insert—
The Immigration (Provision of Physical Data) Regulations 2006
4ZA In regulation 6(1A) of the Immigration (Provision of Physical Data) Regulations 2006 (Process by which an individual’s fingerprints and photograph may be obtained and recorded), after the words “arrival in the United Kingdom” insert “or entry into the control zone in France, seeking to arrive in the United Kingdom by entering a Control Zone”.
.
Propose a change