Closed consultation

Summary of code of practice changes for public consultation

Published 17 July 2023

This was published under the 2022 to 2024 Sunak Conservative government

Change number	Paragraph number	Proposed amendment
1.	N/A	Section removed from 2015 version: For BID applications made within the UK the Home Office has, since 2008, generally used a secure courier service to deliver the BID to its rightful holder. For those who apply from outside the UK the Home Office has introduced a secure collection arrangement using almost 200 branches of the Post Office network to overcome two potential problems not normally encountered by those who make their application from within the UK: - the absence, at the time of application, of an appropriately secure address in the UK to which the BID could be delivered; and - the substantially greater likelihood that the applicant will not be in the UK at the time the BID would normally become available for delivery by a secure courier.
2.	11	Requirements has been reduced to 2 activities - Application and Maintenance. The third activity “collection” has incorporated into the maintenance requirement.
3.	12	Paragraph contains slight change to application requirements.
4.	13	Inserted section around maintenance requirements for applying for a bid. Added the collection requirement for people issued with a physical BID. Removed sections involving using bids in specific circumstances and surrendering.
5.	N/A	Collection requirements have been incorporated into the maintenance requirements.
6.	14-17	Update the types of sanctions that may be imposed for differing requirements
7.	18-24	Now sets out the approach on handling non-compliance with an application requirement. This reflects the move to ATLAS and greater automation in our immigration processes. It sets out the sanctions for non-compliance which is to treat an application as invalid or to refuse and application.
8.	25	This section makes it clear we can impose an application sanction on a person who seeks permission to stay on the basis they are a Stateless Person as defined by the Immigration Rules.
9.	26	Paragraph setting out the maintenance sanctions.
10.	27-29	Sets out paragraphs about the requirement to periodically update a facial image.
11.	30-31	Describes how the sanction will be imposed automatically if the person fails to respond to notifications about updating their facial image.
12.	32	Paragraph about maintenance sanctions other than failing to update a facial image.
13.	33-38	Describes the process that needs to be followed before issuing a maintenance sanction, for reasons other than failing to update a facial image
14.	39-40	Sets out the contents of the Warning Letter including the period for responding and the type of sanction that may be applied.
15.	41-42	This sets out what will happen following the issuance of a warning letter. It changes the time from 20 days to 90 days, or a time set out in the warning letter for when the Secretary of State must impose a sanction.
16.	43-45	Describes the process for issuing a civil penalty and when such a penalty may be imposed.
17.	46-47	This sets out how the level of penalty will be determined.
18.	48-52	Sets out how to take account of mitigating circumstances including the level of discount that may be applied.
19.	53	Table of sanctions – new simplified penalty levels
20.	80-84	New separate section setting out when the secretary of state will consider curtailing or varying a person’s permission. Makes it clear that this should only be undertaken in the most serious breaches and where non-compliance is linked to criminality. It includes the information about appeal rights.
21.	85-86	Updates the provisions on vulnerable people to include people who are victims of modern slavery.
22.	87	Updates the definition of serious medical conditions to include people detained under the Mental Health legislation.
23.	92	Includes victims of modern slavery as requiring compassionate treatment.
24.	94	Makes it clear the Secretary of State will not prevent a person aged over 70 from being able to create a Share-Code if they fail to update their facial image.