Commentary on Sections Schedule 1: Enforcement Powers Section 8: Provision of biometric information with immigration applications
64.This section amends section 126 of the 2002 Act to make provision for the Secretary of State to make regulations requiring foreign nationals applying for Direct Airside Transit Visas (DATVs), pursuant to section 41 of the 1999 Act, to provide their biometric information as part of their application. The Secretary of State may also make regulations requiring non-EEA family members of EEA nationals, and other non-EEA nationals who are able to enter or remain in the UK under an enforceable EU right to provide biometric information when they are applying for a document as evidence of their right to enter or remain in the UK, such as an EU residence card.
65.Subsection (3) adds a new paragraph to subsection (4) of section 126, which provides for biometric information submitted as part of an application to be recorded on any document issued as a consequence of that application.
66.Subsection (4) defines what is meant by a “document” for these purposes.