Immigration In accordance with section 6(6)(e) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament. Citation, commencement and interpretation 1 1 These Regulations may be cited as the Immigration (Biometric Registration) (Amendment) Regulations 2009 and shall come into force on the day after the day on which they are made. 2 In these Regulations— “the 2008 Regulations ” means the Immigration (Biometric Registration) Regulations 2008 . Amendments to the Immigration (Biometric Registration) Regulations 2008 2 The 2008 Regulations shall be amended as follows. 3 For regulation 3 of the 2008 Regulations (Requirement to apply for a biometric immigration document) substitute— Requirement to apply for a biometric immigration document 3 1 A person subject to immigration control must apply for the issue of a biometric immigration document where he satisfies— a one of the conditions in paragraph (2); and b the condition in paragraph (3). 2 The conditions are that the person makes an application— a for limited leave to remain under one of the categories of the immigration rules specified in regulation 4; b for limited leave to remain as a dependant of a person who is applying for limited leave to remain under one of those categories; or c whilst in the United Kingdom to replace his passport or other document in which there was a stamp, sticker or other attachment which indicated that he had been granted limited leave to enter, or remain in, the United Kingdom. 3 The condition is that the person makes the application under paragraph (2) on the form specified for that purpose in accordance with the immigration rules. . 4 For regulation 4 of the 2008 Regulations (Specified categories) substitute— Specified categories 4 The specified categories under the immigration rules are— a as a Tier 4 (General) Student; b as a Tier 4 (Child) Student; c as a postgraduate doctor or dentist; d as an Academic Visitor granted leave in the United Kingdom for a period exceeding 6 months; e as the spouse or civil partner of a person present and settled in the United Kingdom; f as the unmarried or same-sex partner of a person present and settled in the United Kingdom; g as a visitor for private medical treatment; h as a domestic worker in a private household; i on the grounds of United Kingdom ancestry; j as a retired person of independent means; k as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; l as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; or m as a sole representative. . 5 Subject to regulation 9, in regulation 13(4)(b) and (c) of the 2008 Regulations (Issue of a biometric immigration document) for “eighteen” substitute “sixteen”. 6 In regulation 16(1) of the 2008 Regulations (Surrender of a biometric immigration document)— a in sub-paragraph (g) omit “or”; and b after sub-paragraph (h) insert— i the holder has failed to produce a valid passport or travel document when required to do so by an immigration officer; or j the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom) . . 7 In regulation 17 of the 2008 Regulations (Cancellation of a biometric immigration document)— a in paragraph (e) for “16(a) to (f) or (h)” substitute “16(a) to (f), (h), (i) or (j);”; b in paragraph (g) omit “or”; and c after paragraph (h) insert— or i the holder has proved that he is a British citizen or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971 (statement of right of abode in the United Kingdom). . 8 In regulation 19(1)(a) of the 2008 Regulations (Requirement to apply for a replacement biometric immigration document) after “under” insert “paragraphs (a) to (g) of”. Savings 9 The amendment made by regulation 5 to regulation 13(4)(b) and (c) of the 2008 Regulations (Issue of a biometric immigration document) does not affect a biometric immigration document issued prior to the coming into force of these Regulations. Phil Woolas Minister of State Home Office 30th March 2009