(Relevant Biometric Information) (Jersey) Regulations 2019
Made 12th March 2019
Coming into force 13th
THE STATES, in pursuance of section 126 of the Nationality, Immigration and
Asylum Act 2002 as extended to Jersey, with modifications, by the
Immigration (Biometric Information) (Jersey) Order 2018, have made the following
these Regulations –
“2002 Act” means the provisions of the Nationality,
Immigration and Asylum Act 2002, of the United Kingdom, that are modified
and extended to Jersey by the Immigration (Biometric Information) (Jersey)
“applicant” means a person making an application, or, if
a person makes an application on behalf of another person, that other person;
“application” means an application falling within Regulation 2;
“electronic record” has the meaning given by the
Electronic Communications (Jersey) Law 2000;
“relevant biometric information” means biometric
information that –
of, or is contained in, a photograph provided under these Regulations, or a
copy of such a photograph; or
derived from such a photograph, whether in an electronic record or otherwise.
defined in section 126(9) of the 2002 Act, including
“authorised person” and “biometric information”, have
the same meaning in these Regulations.
the purpose of these Regulations it is irrelevant whether a photograph is
digital, on film or in any other format.
These Regulations apply in relation to any provision, made by the
directions, as amended from time to time, given under section 1(4A) of the
Immigration Act 1971 of the United Kingdom as extended to Jersey, to
enable a person, who for the purposes of those directions is to be regarded as
an EU citizen, a family member of an EU citizen or a family member of a
qualifying British citizen, to make an application for leave to remain in
Jersey, or for variation of such leave.
to require photograph of face
authorised person may require an applicant to provide a photograph of the
the applicant does not comply with a requirement imposed under paragraph (1),
the application may be treated as invalid.
(3) Paragraph (1)
is subject to Regulation 4.
(4) Paragraph (1)
does not apply to an applicant who falls within section 126(3) of the 2002
(1) Regulation 3(1)
does not apply to a young applicant unless –
authorised person’s decision to impose the requirement has been confirmed
by a person designated for the purpose by the Minister; and
authorised person is satisfied that the photograph will be taken in the
presence of a person aged 18 or over who is –
applicant’s parent or guardian, or
(ii) a person who for
the time being takes responsibility for the applicant as a child and is neither
an official nor a person acting on behalf of an official.
the purpose of paragraph (1) –
applicant is a young applicant if –
(i) the applicant is
aged under 16, and
(ii) the authorised
person does not reasonably believe that the applicant is aged 16 or over;
person is an official if the person is an authorised person or any other
States’ employee, within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005, in an administration of the
States for which the Minister has responsibility.
as to means of obtaining photograph
An authorised person, in imposing a requirement under Regulation 3,
may do any one or more of the following –
the photograph, if to be provided by the applicant, to be of a particular
the applicant to make an appointment before a specified date, and to attend the
appointment, to enable the photograph to be taken by an authorised person or by
a person acting on behalf of an authorised person;
the date, time and place for the appointment;
the applicant to attend premises before a specified date to enable the
photograph to be taken by an authorised person or by a person acting on behalf
of an authorised person;
(e) specify –
documents that the applicant must bring to the appointment or premises, or
action that the applicant must take to confirm the applicant’s identity.
and retention of relevant biometric information
Minister may record relevant biometric information on any document issued as a
result of the application to which it relates.
Minister must not retain relevant biometric information unless the Minister
considers that it is necessary to do so for use in connection with –
exercise of a function under the Immigration Acts; or
exercise of a function in relation to nationality.
biometric information that may be retained under paragraph (2) may also be
connection with the prevention, investigation or prosecution of an offence;
a purpose that appears to the Minister to be required in order to protect
connection with identifying persons who have died, or are suffering from
illness or injury; and
the purpose of ascertaining whether a person has acted unlawfully, or has
obtained or sought anything to which the person is not legally entitled.
the purpose of paragraph (2)(a), “Immigration Acts” means the 2002 Act
and the following Acts of the United Kingdom, as they have effect in Jersey for
the time being –
Immigration Act 1971;
Immigration Act 1988;
Immigration and Asylum Act 1999;
Immigration, Asylum and Nationality Act 2006;
UK Borders Act 2007; and
Immigration Act 2014.
of relevant biometric information
Minister must take all reasonable steps to ensure that relevant biometric
information to which this Regulation applies is destroyed.
Regulation applies to relevant biometric information if –
(i) no longer
considers that it is necessary to retain the relevant biometric information for
use as described in Regulation 6(2), or
(ii) subject to the
exception in paragraph (3), is satisfied that the person to whom the
relevant biometric information relates is a British citizen, or is a
Commonwealth citizen who has a right of abode in Jersey as a result of
section 2(1)(b) of the Immigration Act 1971 of the United Kingdom, as
that Act has effect in Jersey for the time being; and
Minister is not retaining the relevant biometric information under any power
under any other enactment, or under an enactment of the United Kingdom having
effect in Jersey.
exception is that this Regulation does not apply to a photograph of a person
who is registered or naturalised as a British citizen until the person is
issued with a passport that describes the person as a British citizen and is a United
Kingdom passport, within the meaning given by the Immigration Act 1971 of
the United Kingdom, as that Act has effect in Jersey for the time being.
the purpose of this Regulation, destroying relevant biometric information
includes, in the case of information in an electronic record, erasing that
information or blocking all access to it.
a person, to whose relevant biometric information this Regulation applies,
requests, in writing, the Minister to confirm that the Minister has complied
with paragraph (1), the Minister must, within 3 months after
receiving the request, give the person a certificate to that effect.
These Regulations may be cited as the Immigration (Relevant Biometric
Information) (Jersey) Regulations 2019 and come into force on the day
after they are made.
Deputy Greffier of the States