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Identity cards for foreign nationals to extend to further immigration categories - UPDATED
13 February 2009
Regulations laid before Parliament on 9 February mean that even more successful applicants for leave to remain from outside the European Economic Area (EEA) are expected to receive identity cards for foreign nationals. The cards replace the stickers or vignettes in passports.
Subject to Parliamentary approval of the regulations, those applying for further leave to remain in the United Kingdom in the following categories will be required to provide their biometrics (fingerprints and photograph) as part of their application from 31 March 2009:
| Immigration category | Additional information |
|---|---|
| Postgraduate doctors and dentists | These applicants are not currently required to enrol their biometrics, but from 31 March they will be treated as students and required to apply for leave under Tier 4 of the points-based system. They will also have to apply for an identity card for foreign nationals if extending after this date. |
| Academic visitors granted leave for a period exceeding six months |
The total stay in the United Kingdom is more than six months, up to a maximum period of 12 months. |
|
Visitors for private medical treatment |
Where the applicant is required to extend their stay in the United Kingdom so that they are able to complete private medical treatment. |
|
Domestic workers in a private household |
Applies to overseas domestic workers who have accompanied a person entitled to live in the United Kingdom and are applying to extend their permission to stay in the country based upon their employment as domestic workers. |
|
United Kingdom ancestry |
Covers people who are Commonwealth citizens, have a British grandparent and can demonstrate a link with the United Kingdom. |
|
Retired persons of independent means, and their partners and children |
This category is no longer open to new applicants, but where a person is already in the United Kingdom under this category they may extend their leave on the same basis. It applies to persons aged over 60 with substantial means to support themselves. |
| Sole representatives | These are overseas employees recruited by an overseas company to act as their sole representative in the United Kingdom. |
In addition, those applying while in the United Kingdom for a transfer of existing conditions from a passport or other such document will also receive an identity card instead of a stamp or vignette, if their application is successful.
These categories are expected to join students and spouses and civil or unmarried partners of permanent United Kingdom residents and their dependents granted further leave to remain, who were the first to receive the card from 25 November 2008. From 31 March, the student categories will be amended to reflect the introduction of tier 4 of the points-based system. Anyone applying under this tier to extend their stay in the United Kingdom will also be required to enrol their biometrics.
Foreign nationals seeking indefinite leave to remain and the settled population remain unaffected by the changes.
Recording biometrics before deciding whether to grant leave has already proved successful, with three prosecutions for leave to remain by deception since the UK Border Agency went live with cards in November. These add to the six prosecutions resulting from the pilot that took place last year to test the processes and technology behind biometric enrolment. There are several other cases currently under investigation where we expect similar results, as well as refusals of leave where matches have revealed a failure to disclose information.
These successes demonstrate the effectiveness of biometric checks in tackling immigration abuses and reducing illegal working, misuse of public funds and identity fraud. For people who are here legally, the card safeguards their identity and provides a convenient and extremely secure way to prove their right to live and work here, making it easier for employers and public service providers to understand their entitlements.