If a foreign national does not comply with requirements made under the biometric registration regulations, the Secretary of State may:
- refuse or reject an immigration application for leave
- vary or cancel a person’s existing leave; refuse to issue an identity card for foreign nationals
- issue a civil penalty notice.
The Secretary of State would not issue a civil penalty notice and impose one of the other sanctions. Requirements may include applying for an identity card and updating records.
The conditions under which a sanction may be considered or imposed are published in The Code of Practice about the Sanctions for Non-Compliance with the Biometric Registration Regulations.
The Code of Practice provides further details about how the Secretary of State may impose sanctions on those failing to comply with requirements made under the biometric registration regulations.
We will normally apply a civil penalty notice to person with outstanding limited leave, to enter or remain, who has either failed to comply with no more than two application type requirements, for example, attending a biometric enrolment appointment, or has failed to comply with a maintenance requirement, for example, advising a change of address. Further information is contained in section 2 of the Code of Practice. Civil penalties notices will also be applied where it is inappropriate to use other sanctions.
Code of practice
The Code of Practice also sets out the circumstances when the Secretary of State may impose a sanction of a person who has failed to comply with a requirement of the biometric regulations. It also explains the rights of redress for those who have received sanction. In the cases of a civil penalty notice, the recepient may object and/ or appeal. The Code of Practice can be downloaded from the bottom of this page.
Objections and appeals
If you receive a civil penalty and want to object to it, you must use the objection form and follow the steps set out in the guidance about objecting to civil penalties. You should read the Code of Practice before completing your objection.
You can download separate guidance about appealing against a civil penalty notice. If you want to make an appeal, you will need to go to your local county court or sheriff to lodge your appeal, which may attract a fee. In England and Wales this must be submitted on a specified form. The grounds for appealing are the same as objecting.