Biometric Registration Non-compliance: Code of Practice

In 2018 the Home Office began issuing eVisas, which are an electronic record of immigration status and can be accessed via gov.uk. They were initially issued to individuals granted status under the EU settlement scheme and have since been extended to other schemes such as the Hong Kong (British National Overseas) route to citizenship. By the end of 2024, we will have completed the transition from physical biometric immigration documents (BIDs) in the form of the biometric residence permits, to digitised BIDs, known as eVisas. From this point the vast majority of individuals will receive digital status.

Holders of eVisas are able to evidence their status by creating a share-code which they can share with a third-party checkers, such as employers. We also enable system-to-system checks to directly confirm immigration status, for example the Department for Health and Social Care being able to check a person’s immigration status when accessing NHS treatment.

There will be times where key information shown on a customer’s record may change and they need to update their details (for example when they get married and change their name). Ensuring that this information is kept up to date is a requirement which is set out in the Immigration (Biometric Registration) Regulations 2008. Failure to comply with one of the requirements in the regulations may result in the Secretary of State imposing one or more sanctions on the individual. These are outlined in the “Code of Practice about the sanctions for non-compliance with the biometric registration regulations”, which was last updated in 2015.

However, since the introduction of biometric immigration documents in the form of eVisas, the code of practice needs to be updated to fully reflect the specific elements and approach to eVisas. This includes updating the requirements and sanctions associated with holders of these accounts.

To ensure they are effective and proportionate, I am launching a consultation on these changes. The consultation will explore how these sanctions would potentially be understood and effect individuals, including those who are vulnerable. It would also explore how the sanctions may impact groups linked to the holders of eVisas (employers, landlords and financial institutions).

The consultation will be available on gov.uk.

[HCWS955]