Biometric Immigration Documents—compliance requirements and sanctions
Produced in partnership with Lesley Kemp
Biometric Immigration Documents—compliance requirements and sanctions

The following Immigration guidance note Produced in partnership with Lesley Kemp provides comprehensive and up to date legal information covering:

  • Biometric Immigration Documents—compliance requirements and sanctions
  • Compliance requirements
  • The Biometric Immigration Document application compliance requirements—in practice
  • The Biometric Immigration Document collection compliance requirements—in practice
  • The Biometric Immigration Document maintenance compliance requirements—in practice
  • Sanctions
  • Procedure
  • How the sanctions are applied

Biometric immigration documents (BIDs) have been progressively introduced since 2008 as a secure and easily verified proof of leave to enter or remain in the UK. BIDs are gradually replacing the less secure evidence of leave such as immigration status documents, stamps, stickers (vignettes) or other attachments in passports and travel documents. Although there are a variety of BID types, the most common is the Biometric Residence Permit (BRP).

For detailed information on BIDs, their introduction and the phasing in of categories of persons required to obtain or apply for a BID, see Practice Note: Biometric Immigration Documents.

The Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, as amended (the Biometric Regs 2008), govern the BID application requirements including the enrolment of biometric information, requirements for collection of BIDs, as well as maintenance compliance requirements for holders of BIDs. The Biometric Regs 2008 also impose sanctions for non-compliance.

The UK Borders Act 2007 contains the enabling power from which the regulations derive and requires the Secretary of State to issue a Code of Practice (the Code) with guidance on how sanctions for non-compliance should be imposed. The current Code has been in effect since 31 March 2015.

Compliance requirements

The Code classifies compliance requirements into the following three groups.

Application compliance requirements

These require persons to:

  1. apply or re-apply for a BID when required to