Registration of Foreign Nationals Standard Operating Procedure

Transcription

1 Registration of Foreign Nationals Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions. Owning Department Version Number SCD - OCCTU 3.00 Date Published 27/06/2016

2 Compliance Record Equality Impact Assessment: Date Completed / Reviewed: 02/12/2015 Information Management Compliant: Yes Health and Safety Compliant: Yes Publication Scheme Compliant: Yes Version Control Table Version History of Amendments Approval Date 1.00 Initial Approved Version 04/12/ Document has been extensively re-written introducing national process. 05/05/ Corrections made to Sections and regarding references to Appendices. 27/06/2016 2

3 Contents 1. Purpose 2. Registration of Foreign Nationals with the Police 2.1 Initial Registration 2.2 Registration Process 2.3 Change of Circumstances 2.4 Residency Checks 2.5 Registration Not Required 3. Disclosure of Information regarding Registered Foreign Nationals 4. Foreign Nationals Requesting Police to Act as Referee or Validate Documentation Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F C Division V Division P Division A Division E and J Divisions N Division Appendix G G, K, L, Q and U Divisions Appendix H Appendix I Appendix J Appendix K Appendix L D Division List of Associated Legislation List of Associated Reference Documents Countries Whose Nationals are Required to Register with the Police Members of the European Union Appendix M Commonwealth Countries 3

4 1. Purpose 1.1. This Standard Operating Procedure (SOP) supports the Police Service of Scotland, hereafter referred to as Police Scotland, Policy for Counter Terrorism, Intelligence and Serious and Organised Crime. 1.2 This SOP provides instruction and guidance on the registration of Foreign Nationals with the Police Scotland area. 1.3 For guidance relating to the arrest and detention of Foreign Nationals and Asylum Seekers refer to the Care and Welfare of Persons in Custody SOP. 2. Registration of Foreign Nationals with the Police 2.1 Initial Registration Individuals to whom the Immigration (Registration with Police) Regulations 1972, made under Section 4(4) Immigration Act 1971 applies, must register with the Police within 7 days of entering the United Kingdom. Some leeway, up to 10 days, may be given to allow the foreign national time to collect their Biometric Residence Permit from a nominated Post Office Details of countries from which Foreign Nationals are required to register with the Police are listed at Appendix 'K Officers dealing with those individuals seeking to register should be guided by the conditions of stay. The requirement to register with the Police may no longer be shown on vignettes issued to enter the UK or on Biometric Residence Permits. The decision letter issued by the Home Office must be checked to confirm which conditions are applicable. In exceptional circumstances an endorsement may be stamped on the passport by UK Border Force at the port of entry In circumstances where the Foreign National is required to register, the words Register with the Police will appear on the Vignette, Biometric Residence Permit or passport stamp. There is also provision on the decision letter, issued by the Home Office, which will instruct the Foreign National to report to the police if this is part of their visa conditions Foreign Nationals can make initial registrations and report any changes in circumstances at Police Offices as detailed in appendices A to H Where a foreign national s first language is not English consideration should be given to the use of an interpreter. For further guidance refer to the Interpreting and Translating Services SOP. 4

5 2.2 Registration Process Officers / staff should complete the Overseas Visitors Registration Office (OVRO) Initial Registration Form (Form ), which can be found via the forms section of the intranet guidance site Foreign Nationals wishing to complete initial registration require copies of the following documents: Passport, Home Office Decision Letter, Biometric Residence Permit, 30 Day Entry Clearance Vignette, Student Confirmation of Study Letter, Letter from Employer or Employment Contract, Confirmation of Address Contract, Tenancy / Lease Agreement Two recent passport photographs and the fee of 34 (see for further details) should also be brought to the Police office Police are not allowed to retain a Foreign National s Passport under any circumstances unless the document is being used for criminal purposes and / or is deemed to be fraudulent. Instead the passport should be stamped and initialled to confirm they have reported to the police. When the foreign national returns to collect their Police Registration Certificate that serial number should be noted alongside this stamp The relevant fee of 34 should be collected from the Foreign National and banked locally, with a receipt issued to the Foreign National. A fee of 34 is also applicable if the original Police Registration Certificate (PRC) is reported as being lost or stolen. A crime reference number must be provided for any PRC reported as stolen. No fee is payable when an additional PRC is required due to the original being full The Initial registration form, photograph, along with the copies of the documents noted above, should be sent to the relevant OVRO (Appendices A to H ), where it will be processed Once the registration has been processed the PRC will be sent back to the originating police office for issue to the Foreign National. 2.3 Change of Circumstances A Foreign National can attend a police office to report a change in circumstances or their particulars Officers / staff receiving the report must on all occasions complete an OVRO Change in Circumstances Form, (Form ) and forward it to the appropriate OVRO which covers the geographical area the Foreign National 5

6 resides, see appendices A H for further guidance. The form should always be accompanied by any relevant copies of substantiating documents as per above Changes of circumstances include, but are not exhaustive of, the following: Change of address, Change of course of study, Change of employment, Change of marital status, New visas (leave to remain), New passport details Details of the change should be updated on the PRC, in the next free box. The entry should be initialled and stamped by the officer / staff. The PRC should be returned to the Foreign National. If the PRC is full it should be sent along with the other paperwork so that an additional one can be issued. No fee applies All changes of circumstances and particulars, are free of charge, no payment is required All changes must be reported within 7 days of such a change taking place under the Immigration (Registration with the Police) Regulations Failure to comply with these Regulations could render the Foreign National liable to a fine of 5000 and / or six months imprisonment in accordance with Section 26(1) (f) of the Immigration Act Further local guidance can be found in appendices A to H. 2.4 Residency Checks Records are maintained by the OVRO for all Foreign Nationals who have registered On occasions, the OVRO may make a request for local area officers to confirm residency of Foreign Nationals. The request will be made by raising a Command and Control incident After the necessary enquiry has been completed, the Command and Control incident should be updated and the result passed to the OVRO Foreign Nationals are required by the Immigration (Registration with the Police) Regulations 1972 to produce their PRC to a constable, on demand. Where the Foreign National is unable to produce their PRC, they may be required to produce it, within 48 hours, at a Police Office specified by the constable. 6

7 2.5 Registration Not Required On occasions Foreign Nationals will report for registration where there is no requirement for them to do so. This includes: EU citizens; see Appendix L Commonwealth citizens; see Appendix M Persons under the age of 16 years. 3. Disclosure of Information Regarding Registered Foreign Nationals 3.1 No information concerning registered Foreign Nationals, including whether or not an individual is registered, will be divulged to any person. Any such requests will be passed to the OVRO. 4. Foreign Nationals Requesting Police to act as Referee or Validate Documentation 4.1 Periodically, a Foreign National may request a Police Officer to act as a referee (e.g. in applications for British Citizenship) or to validate documentation or photographs for official use in their home country. 4.2 Under no circumstances should a Police Officer, of any rank, act as a referee for a Foreign National nor should they authenticate any document or photograph. 4.3 The Foreign National should be advised to consult with a solicitor who is a 'notary public', in order that their requirements can be progressed. 7

8 Appendix A C Division The East of Scotland OVRO, which includes Edinburgh, The Lothians and Scottish Borders, Forth Valley and Fife, is based at Police Scotland, Fettes Avenue, Edinburgh. Foreign Nationals resident in Forth Valley who are required to report to the police should report to the following police offices for initial registration or changes of circumstances: West Bridge Street, Falkirk, FK1 5AP, Randolphfield, Stirling, FK8 2HD. All completed forms and substantiating copies of documents should be sent to the following office for processing: OVRO, Fettes Avenue, Edinburgh, EH41RB. The completed PRC will be returned to the originating office for issue to the Foreign National. Further information about registering or advising changes can be obtained from the East of Scotland OVRO via SCDOVROEast@Scotland.pnn.police.uk or

9 Appendix B V Division Foreign nationals resident in Dumfries and Galloway who are required to report to the police should report to the following police office for initial registration or changes of circumstances: Police Scotland, Cornwall Mount, Dumfries, DG1 1PZ. Further information about registering or changes can be obtained via SCDOVRODumfries@scotland.pnn.police.uk or telephone:

10 Appendix C P Division The East of Scotland OVRO, which includes Edinburgh, The Lothians and Scottish Borders, Forth Valley and Fife, is based at Police Scotland, Fettes Avenue, Edinburgh. Foreign nationals resident in Fife, who are required to report to the police should report to their local police office for initial registrations and any changes in circumstances. All completed forms and substantiating copies of documents should be sent to the following office for processing: OVRO, Fettes Avenue, Edinburgh, EH41RB. The completed PRC will be returned to the originating office for issue to the foreign national. Further information about registering or changes can be obtained via SCDOVROEast@Scotland.pnn.police.uk or telephone:

11 Appendix D A Division For initial registration and change of circumstances Foreign Nationals resident in the Aberdeen City, Aberdeenshire and Moray areas should report to: Police Scotland, Queen Street, Aberdeen, AB10 1ZA. The Aberdeen OVRO office is open Monday, Wednesday and Friday, hours and hours for initial registrations and changes of circumstances. An appointment system does operate in Aberdeen. All appointments should be made by and Registration Certificates are issued on the same day. Further information about registering or changes can be obtained via SCDOVROaberdeen@scotland.pnn.police.uk or telephone:

12 Appendix E E and J Divisions The East of Scotland OVRO, which includes Edinburgh, The Lothians and Scottish Borders, Forth Valley and Fife, is based at Police Scotland, Fettes Avenue, Edinburgh. Foreign Nationals resident in Edinburgh, The Lothians or Scottish Borders can make an initial registration at the following police offices: Fettes Avenue, Edinburgh, EH4 1RB, Newbattle Road, Dalkeith, EH22 3AX, West Lothian Civic Centre, Howden South Road, Livingston, EH54 6FF, Wilton Hill, Hawick, TD9 7JU, Bridge St, Galashiels, TD1 1SP. The OVRO office at Fettes Avenue, Edinburgh is open Monday to Friday hours. No appointment system operates. Further information about registering or changes can be obtained by SCDOVROEast@Scotland.pnn.police.uk or by telephone: / Once a foreign national is registered, changes of circumstances can be notified at any police office open to the public across the E and J divisional areas. 12

13 Appendix F N Division The Dundee OVRO covers Inverness and the Highlands and Islands area. Foreign Nationals can attend at the address below to register or advise any changes: Perth Road, Inverness, IV2 3SY. Further information can be obtained by contacting the office via SCDOVROInverness@scotland.pnn.police.uk or telephone: or

14 Appendix G G, K, L, Q and U Divisions Foreign nationals resident in Argyll and West Dunbartonshire, Ayrshire, Greater Glasgow, Lanarkshire, Renfrewshire and Inverclyde can attend the following office for initial registrations and to notify any changes in circumstances: Police Scotland Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH. The Glasgow OVRO office is open Monday to Thursday hours and 1330 hours hours and Fridays hours and hours. Please note an appointment system only for first time registration operates at this office where registration certificates will be issued at the end of the appointment, providing all relevant documentation has been provided. The Foreign National can arrange an appointment by calling Further information about registering or changes can be obtained via SCDOVROglasgow@scotland.pnn.police.uk. The opening hours of the Glasgow Nationality office are as follows: Monday to Thursday hours, hours and Friday hours, hours. Nationality staff input Foreign Nationals personal details directly onto the NSBIS computer system. Passports are stamped, and police registration certificates are issued to Foreign Nationals, on the day of the appointment. Foreign Nationals should provide all of the required materials before the police registration certificate (PRC) is issued. Local police staff should only complete the initial registration form, if it is impractical for the Foreign National to attend the Glasgow office. Foreign Nationals should be reminded, they will be required to attend the Glasgow Nationality office within two weeks to have their passport stamped, sign and collect the PRC. Foreign Nationals should therefore, be encouraged to contact the Glasgow office in person or by phone, to register with police. A walk-in service is available for Foreign Nationals to report the following changes to their PRCs: changes of address, student details, new visas (including visa extensions, entry clearance visas or leave to remain in the UK), full time employment, marital status, new passports and transfers from other UK forces and areas outside the Strathclyde area. 14

15 No appointment is necessary to up-date changes to Foreign Nationals PRCs. Local police officers and police staff can up-date PRCs for Foreign Nationals reporting changes of addresses, studies or employment. A change of particulars and circumstances form should be forwarded to the Glasgow office, along with copies of proof of address, studies or employment. New visas, passports, changes of marital status, employment and transfer from other UK police forces, and transfers out with of the Strathclyde area should be referred to the Glasgow Office. 15

16 Appendix H D Division Foreign Nationals resident in the Perth & Kinross, Angus or Dundee areas should attend at the following office for initial registration: West Bell Street, Dundee, DD1 9JU. Following initial registration, changes of circumstances can be notified at any police office open to the public in the D Division area. The Dundee OVRO office is open daily from hours. Initial registration takes place at the Public Enquiry Office. No appointment system operates. Further information about registering or changes can be obtained via SCDOVROdundee@scotland.pnn.police.uk or telephone:

17 Appendix I Immigration Act 1971 List of Associated Legislation Immigration (Registration with Police) Regulations

18 Appendix J List of Associated Reference Documents Care and Welfare of Persons in Custody SOP Interpreting and Translating Services SOP 18

19 Appendix K Countries Whose Nationals are Required to Register with the Police Afghanistan Algeria Argentina Armenia Azerbaijan Bahrain Belarus Bolivia Brazil China Colombia Cuba Egypt Georgia Iran Iraq Israel Jordan Kazakhstan Kyrgizstan Kuwait Lebanon Libya Moldova Morocco North Korea Oman Palestine Peru Qatar Russia Saudi Arabia Sudan Syria Tajikistan Tunisia Turkey Turkmenistan United Arab emirates Ukraine Uzbekistan Yemen 19

20 Appendix L Members of the European Union Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Republic of Ireland Romania Slovakia Slovenia Spain Sweden United Kingdom 20

21 Appendix M Commonwealth Countries Antigua and Barbuda Australia Bahamas Bangladesh Barbados Belize Botswana Brunei Cameroon Canada Cyprus Dominica Eastern Caribbean States: Saint Kits and Nevis Saint Lucia Saint Vincent and the Grenadines Fiji Islands Gambia Ghana Grenada Guyana India Jamaica Kenya Kiribati Lesotho Malawi Malaysia Maldives Malta Mauritius Mozambique Namibia Naura New Zealand Nigeria Pakistan Papua New Guinea Seychelles Sierra Leone Singapore Solomon Islands South Africa Sri Lanka Swaziland Tanzania Tonga Trinidad & Tobago Tuvalu Uganda United Kingdom Vanuatu Western Samoa Zambia 21