IDI C2 Visit Transit Visitor

7/27/2019 IDI C2 Visit Transit Visitor

1/30

Page 1 of 30 Guidance Visitors in transit - V 6.0 Valid from 19 March 2013

Visitors in transit

This guidance is based on the Immigration Rules


2/30

Page 2 of 30 Guidance Visitors in transit - V 5.0 Valid from 7 February 2013

Visitors in transit

About this guidance

About this guidance

Key facts

Entry or extension

requirements

Granting or refusing

Immigration Rules, paragraphs 47 50

This guidance tells you how to consider applications for visitors in transit under paragraphs47-50 of the Immigration Rules.

For more information on the Immigration Rules paragraphs 47-50, see related link:Immigration Rules paragraphs 40-56Z.

A visitor in transit is:

A passenger who will pass through the UK within 48 hours, but who arrives at one portor airport, and needs to transfer to another port or airport to continue their journey.

A passenger who will pass through the UK within 48 hours, and who wishes to spend

the time between their arrival and embarkation outside the transit area. Or Any through transit passenger who is presented to the Border Force officer.

Members of the crew of a ship, aircraft, hovercraft, hydrofoil, or train are not covered by theImmigration Rules as visitors in transit.

There are no provisions within the Immigration Rules to grant:

indefinite leave to remain (settlement) in any of the visitor categories

entry to the UK as a dependant of a visitor. A dependant or family member will need to

qualify in their own right in one of the visitor categories.

Changes to this guidance This page tells you what has changed since the previousversion of this guidance.

Contact This page tells you who to contact for help if your senior caseworker or linemanager cant answer your question.

In this section

Changes to this

guidance

Contacts

Information owner

Related links

Links to staff intranet

removed

External links

Immigration Rules -

paragraphs 40-56Z
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


3/30

Page 3 of 30 Guidance Visitors in transit - V 5.0 Valid from 7 February 2013

Information owner This page tells you about this version of the guidance and who owns it.

Safeguard and promote child welfare This page explains your duty to safeguard andpromote the welfare of children and tells you where to find out more information.


4/30

Key facts: Visitors in transitThis page lists the key facts for visitors in transit.

Category: Visitors in transit.

Eligibility requirements Note: members of the crew of a ship, aircraft, hovercraft,hydrofoil or train are not covered by the Immigration Rules asvisitors in transit.

The applicant must:

be in transit to a country outside the common travel area

have both the means and the intention of travelling at onceto another country

be certain of entry to that country

intend and be able to leave the UK within 48 hours

show that the sole purpose of their journey is to transit theUK.

Application forms Applications made outside the UK VAF1HExtension (within UK) FLR (O)Indefinite leave to remain not applicable

Cost of application: Fees for UK Border Agency services

E t l d t ? O l f i ti l S I i ti R l A di 1 f
http://www.ukba.homeoffice.gov.uk/aboutus/fees/http://www.ukba.homeoffice.gov.uk/aboutus/fees/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/aboutus/fees/


5/30

Entry clearanceendorsements

See code of leave to enter or remain granted above.

Conditions of leave to enter

or remain

No work or study allowed. No recourse to public funds.

How long is leave to enter orremain normally granted for?

48 hours for non visa nationals.

24 hours for visa nationals who qualify under the TWOVconcession.

Any applications for an extension of stay beyond 48 hourswill be refused.

Are dependants allowed? No dependants must qualify as a visitor in transit in their own

right.Work and study allowed? No

Is switching into this categoryallowed?

No

Does this category lead tosettlement (indefinite leave toremain)?

No

Is knowledge of languageand life required?

No

CID case type Visitors (in transit) ECVisitors (in transit) - LTE

Immigration Rulesparagraphs

Paragraphs 47-50 (visitor in transit).


6/30

Page 6 of 30 Guidance Visitors in transit - V6.0 valid from 19 March 2013

Visitors in transit

Changes to this guidance

About this guidance

Key facts

Entry or extension

requirements


This page lists changes to the visitor in transit guidance, with the most recent at the top.

Date of change Details of change19 March 2013 Six month review by the modernised guidance team

No changes made

7 February 2013 Change request:

The visitor in transit pages have been removed fromgeneral grounds for refusal and inserted into this guidance.

Key facts:o Code of leave to enter or remain granted, some

codes have been changedo How long is leave to enter or remain normally

granted for?, second bullet point, after qualifyunder the TWOV concession has been added

oAre dependants allowed? has been changed to No dependants must qualify as a visitor in transit intheir own right

Visitor in transit without visa (TWOV) concession:o new sub-heading The transit without a visa

concession and first and fifth paragraphs are new

Nationalities who require a direct airside transit visa

(DATV):o new page

TWOV and DATV abuse:o sub-heading Abuse of the TWOV concession, new

second paragrapho sub-heading Abuse of DATV, new second and

Related links

Visitor in transit withoutvisa (TWOV)

concession

Nationalities whorequire a direct airside

transit visa

TWOV and DATV abuse

Exemptions from airside

transit visa (DATV)

Grant or refuse entry

clearance

Grant or refuse entry at

UK port

Refusing a direct airside

transit visa

Refusal wording

Links to staff intranetremoved

See also


7/30


third paragraph

Exemptions from the airside transit visa (DATV):o new page

Grant or refuse entry clearance:o sub-heading Direct airside transit visa, validity

added to code change

Grant or refuse entry at UK port:o sub-heading granting transit without visa (TWOV)

and DATV concession has been changed toGranting leave to enter under the transit withoutvisa (TWOV) concession

o new second paragrapho statistical code, DATV has been removed

Refusing a direct airside transit visa:o second paragraph has been deletedo sub-heading DATV applicantsright of appeal last

paragraph has been deleted

Refusal wording:o table Inability to meet cost of return or onward

journey, refusal wording changed

Minor housekeeping changes.

1 October 2012 Change request:

Key facts:o Conditions of leave to enter or remain changed to

No work or study allowed. No recourse to public

funds.

14 August 2012 For the 14 August 2012 changes you will need to accessversion 3.0 which is now archived. See related link: Visitorsin transit archive.

16 February 2012 For the 16 February 2012 changes you will need to access

Contacts

Information owner

External links

Immigration Rules -

paragraphs 40-56Z


8/30


version 2.0 which is now archived. See related link: Visitorsin transit archive.

02 August 2011 Completely revised by the non- PBS operational policytemporary migration team and the modernised guidanceteam.


9/30


Visitors in transit

Entry or extension requirements

About this guidance

Key facts

Entry or extension

requirements


This section tells you the requirements an applicant must meet to gain entry to the UK, or anextension of stay (leave to remain), in the visitor in transit category.

When considering an application you must check that:

the application is valid

the applicant's passport or travel document is genuine

the applicant meets the requirements of the category

there are no general grounds for refusal.

For more information, see related links:

Specified application forms and procedures

IDI - passports & travel documents General grounds for refusal.

Requirements for a grant of leave under the Immigration RulesUnder paragraph 47 of the Immigration Rules, a visitor in transit to another country must:

be in transit to a country outside the common travel area

have both the means and the intention of proceeding at once to another country

be assured of entry there

intend and be able to leave the UK within 48 hours, and

show that the sole purpose of their journey is to transit the UK.

A visitor in transit is:

a passenger who will pass through the UK within 48 hours, but who arrives at one portor airport and needs to transfer to another port or airport to continue their journey, or

a passenger who will pass through the UK within 48 hours, and who wishes to spend

In this section

Evidence needed for avisitor in transit

Validity period: singleand multi visit visas

Holders of non-nationalrefugee documents


concession

Direct airside transit visa(DATV)

TWOV and DATV abuseExemptions from thedirect airside transit visa(DATV)

Nationalities who

require a direct airsidetransit visa (DATV)

Related links



10/30


the time between their arrival and embarkation outside the transit area, or

any through transit passenger who is presented to the Border Force officer.

Depending on the circumstances, a person can transit:

with a visitor in transit visa

under the transit without visa (TWOV) concession with a direct airside transit visa (DATV).

For more information, see links in this section:

Evidence needed for a visitor in transit

Visitor in transit without a visa (TWOV) concession

Common travel area

Direct airside transit visa (DATV).

If a passenger decides to use the TWOV concession, they must not remain in the UK for morethan 24 hours.

Extension requirementsThe maximum leave which can be given to a visitor in transit is 48 hours.

A person admitted for less than 48 hours may extend their stay as a visitor in transit up to themaximum 48 hours permitted by the Immigration Rules. You must grant an extension up to thismaximum, unless there is good reason to refuse. Any application for an extension of staybeyond 48 hours will be refused. The applicant will have a right of appeal if refused, providingtheir application was made in-time and they are left without any leave as a result.

For more information on general grounds for refusal see related links:

General grounds for refusal

Immigration Rules paragraphs 320-324.

External links

Immigration Rules -paragraphs 40-56Z

Immigration Rulesparagraphs 320-324
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


11/30


Visitors in transit

Evidence needed for a visitor in transit

About this guidance

Key facts

Entry or extension

requirements


This page tells you what evidence you must check to see if an applicant meets the entryrequirements for the visitor in transit category.

You must satisfy yourself that the person:

has documentary evidence to show the earliest onward passage from the UK has beenbooked, and it is within 48 hours (or 24 hours if using the transit without visaconcession) of arrival

has a valid visa for the country they are travelling to, if needed, or documentaryevidence of acceptability in that country

is not expecting to make use of the transit without visa (TWOV) concession when theyare not entitled to, and does not require a direct airside transit visa (DATV).

Information on who requires a DATV can be accessed using the related link: Nationalitieswho require a direct airside transit visa (DATV)

If a persons travel document does not guarantee return to their country of residence andthey intend to transit through the UK on their return journey, you must ask to see:

a re-entry visa or permit allowing them to return to their country of residence, valid for aperiod covering the proposed journey

as accurate an indication as possible of the itinerary, date, and means of travel for thereturn as well as for the outward journey.

You must check that a person travelling by air and seeking entry in transit without a transitvisa, is not a national of a country which requires a direct airside transit visa (DATV).

In this section



Visitor in transit withoutvisa (TWOV)concession

Direct airside transit visa

(DATV)

Nationalities whorequire a direct airsidetransit visa (DATV)

TWOV and DATV abuse

External links

Immigration Rules -

paragraphs 40-56Z
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


12/30


Visitors in transit

Validity period: single and multi visit visas

About this guidance

Key facts

Entry or extension

requirements


This page tells you about the validity period of visitor in transit visas.

Single entry visitor in transit visasThese visas are valid for use up to six months after their issue date if:

you are satisfied a person can safely be granted a visa that is valid for more than sixmonths, or

they are likely to wish to remain longer than 48 hours in the UK.

You must point out to them that they can apply in some other category of visitor, as thiswould allow them greater flexibility. The single entry visa must be valid for long enough toallow the applicant to complete the journey with a reasonable margin to allow for unforeseentravel delays.

Multiple visitor in transit visaA person will qualify for a multiple visitor in transit visa as long as their passport and visa forthe country of destination are still valid for at least two months after the expiry of the multipleentry visa. This will allow the applicant to transit the UK any number of times within theperiod for which the visa is valid. The two month rule for the multiple entry visa is notcompulsory for a single entry visa.

You must always remind the person of the conditions attached to the visa. The visa will notbe valid for entry to the UK if these conditions are not met on each journey through the UK.

For more information on multiple visas, see related links: Multi-entry visas.

In this section




Direct airside transit visa

(DATV)

TWOV and DATV abuse

Related links

Links to staff intranetremovedExternal links

Immigration Rules -

paragraphs 40-56Z


13/30


Visitors in transit

Holders of non-national refugee documents

About this guidance

Key facts

Entry or extension

requirements


This page tells you about the visa requirements for holders of non-national refugeedocuments.

You must refer to the nationality of the person, and not the country where the non-nationalrefugee document was issued, for a passenger who wishes to transit the UK using a directairside transit visa (DATV).

The refugee document will tell you the country a person was originally a national of bystating it as:

the country they are not allowed to return to, and/or

their country of birth.

Although not conclusive evidence of their true nationality, this information will be enough toallow you to decide whether:

the person requires a DATV or an entry visa, or

if they qualify for the transit without visa (TWOV) concession.

If their nationality is one which requires a DATV, they are not entitled to use the TWOVconcession. A list of these countries can be accessed using the related link: Nationalitieswho require a direct airside transit visa (DATV).

In this section

Evidence needed for a

visitor in transit




TWOV and DATV abuse

Related links


External links



14/30


Visitors in transit

Visitors in transit without visa (TWOV) concession

About this guidance

Key facts

Entry or extension

requirements


This page tells you about the transit without visa (TWOV) concession.

The transit without a visa concession

The need for visa nationals or holders of non-national documents to have a visa may bewaived for passengers who arrive by air, whose only intention is to pass in direct transitthrough the UK. This concession only applies when:

They have a confirmed booking on a flight departing within 24 hours to their country ofdestination.

They have the relevant documents for entry for that country and transit visas for anycountry on the way which requires them.

Their names do not appear in the UK Border Agency security checks.

For a list of visa national countries, see related link: Immigration Rules: Appendix 1.

Transit passengers are allowed to travel by road or rail between two airports in the UK.

Only a Border Force officer has discretion outside the rules to allow visa nationals to transitthe UK without requiring them to hold a visa for that purpose. There is no guarantee of rightof entry to the UK.

The TWOV concession does not apply to nationals of countries required to hold directairside transit visas (DATV). For further guidance, see related links:

Nationalities who require a direct airside transit visa (DATV) Exemptions from the direct airside transit visa (DATV).

If you are dealing with a person who has yet to travel, you must:

Make them aware if they are entitled to travel without a visa under the TWOV

In this section


visitor in transit




TWOV and DATV abuse

Related links


Exemptions from thedirect airside transit visa

(DATV)


External links


15/30


concession.

Explain the Border Force officer at the port of arrival in the UK may still refuse entry ifthey have concerns about a passenger. There is no guarantee of right of entry to theUK.

This page must be read together with the following pages, see related links:

Nationalities who require a direct airside transit visa (DATV)

Exemptions from the direct airside transit visa (DATV).


Immigration Rules:Appendix 1
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


16/30


Visitors in transit

Direct airside transit visa (DATV)

About this guidance

Key facts

Entry or extension

requirements


This page explains about the direct airside transit visa (DATV).

Nationals of certain countries are required to hold a DATV even when they transit airside.

This means if they change aircraft without passing through UK immigration controls at a UKairport. A traveller who uses a DATV is considered not to have entered the UK. See relatedlink for a list of nationalities: Nationalities who require a direct airside transit visa (DATV)

A DATV is not an entry clearance and an application for DATV is not considered under theImmigration Rules.

A separate application form and one photograph are required from each applicant.

Key requirements for a person seeking a DATV

In order to issue a person with a DATV, you must be satisfied that they:

have a confirmed onward booking on a f light leaving the same day and from the sameairport they arrived at in the UK,

hold the documents necessary for them to be assured of entry to the country of onwarddestination

do not intend to change airport

do not need to pass through immigration control

do not need to pass through UK Immigration control to collect luggage

do not have as their next destination anywhere within the common travel area includingthe Republic of Ireland, DATVs must not be issued to visa nationals travelling to the

Republic of Ireland or to anywhere within the common travel area do not propose an overnight stay during the period of transit.

If the person cannot meet these conditions, you must decide whether or not it is appropriateto advise the applicant to apply for entry clearance, rather than DATV, and pay theappropriate fee.

In this section


visitor in transit




concession

TWOV and DATV abuse


Exemptions from thedirect airside transit visa(DATV)

External links



17/30


Validity period of a DATVThe minimum period of validity is one month and the maximum is two years.

A DATV is valid for any number of journeys within the period of validity.

You have discretion to vary the period of validity of the DATV within set limits, depending onthe applicants travel details, as follows:

first time travellers must be issued a DATV valid for three months

regular travellers, for example, those on business, must be issued with a DATV withthe maximum validity of two years.

If an applicant qualifies for a DATV valid for between one and two years, you may want tosuggest that they consider applying for a visitor visa instead of a DATV.

Every applicant issued with a DATV must be given the information handout which must be

reproduced locally and, if appropriate, translated into the local language. For a copy of thehandout see related link: Information handout VAT8.21.

You must retain separate statistics of the number of direct airside transit visas issued, refusedand withdrawn, together with the time taken to process applications. Application forms must bestored in date order, retained for two years and then destroyed.

For more information on who requires a DATV see related links:

Nationalities who require a direct airside transit visa (DATV)

Exemptions from the direct airside transit visa (DATV)

Information handoutVAT8.21
http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8/


18/30


Visitors in transit

Nationalities who require a direct airside transit visa (DATV)Transit without visaconcession (TWOV)Direct airside transit visa

(DATV) requiredDirect airside transit visa(DATV) not requiredDirect airside transit visa(DATV) requiredCalling ships

This page tells you which nationalities require a direct airside transit visa (DATV).

The transit without a visa (TWOV) concession does not apply to nationals of the countries

listed below. The most recent additions to this list were made in the Immigration (PassengerTransit Visa) (Amendment) Order 2012:

Afghanistan, Albania, Algeria, Angola

Bangladesh, Belarus, Bolivia, Burma (Myanmar), Burundi

Cameroon, China (Peoples republic of), Colombia, Democratic Republic of the Congo(Zaire) Congo (Brazzaville)

Ecuador, Egypt, Eritrea, Ethiopia

Gambia, Ghana, Guinea, Guinea-Bissau

India, Iran, Iraq, Ivory Coast, Jamaica

Kenya, Kosovo, Lebanon, Lesotho, Liberia, Libya, Macedonia (former Republic ofYugoslavia)

Malawi, Moldova, Mongolia, Montenegro

Nepal, Nigeria

Pakistan, Palestinian Territories, Rwanda

Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan,Swaziland, Syria

Tanzania, Turkey, Turkish Republic of Northern Cyprus

Uganda, Venezuela, Vietnam, Yemen, Yugoslavia and Zimbabwe.

Nationals of the above countries need a UK direct airside transit visa (DATV) even when theytransit airside without passing through immigration control.

See related link: Exemptions from the direct airside transit visa (DATV).

Related links

Exemptions from the

direct airside transit visa(DATV)

External links

Immigration Rules:General grounds forrefusal - Paragraph 320
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/


19/30


Visitors in transit

Exemptions from the direct airside transit visa (DATV)Transit without visasection (TWOV)Direct airside transit visa

(DATV) requiredDirect airside transit visa(DATV) not requiredDirect airside transit visa(DATV) requiredCalling ships

This page explains when passengers seeking entry, who require a direct airside transit visa(DATV), are free from this rule.

Passengers do not need a DATV if they hold, or a person with whom they arrived in the UKholds on their behalf a:

valid visa or electronic travel authority for entry to Australia, Canada, New Zealand or theUSA and also:o has a valid airline ticket for travel through the UK, ando is part of a journey from another country or territory to the country for which the visa is

held

valid visa or Electronic Travel Authority for entry to Australia, Canada, New Zealand orthe USA and also:o a valid airline ticket for travel to the UKo is part of a journey from the country for which the visa is held to another country or

territory

valid airline ticket for travel through the UK as part of a journey from Australia, Canada,New Zealand or the USA to another country or territory:o as long as the transit passenger does not seek to transit the UK on a date more than

six months from the date on which they last entered Australia, Canada, New Zealandor the USA with a valid visa for entry to that country

valid USA I-551 permanent resident card issued on or after 21 April 1998

valid Canadian permanent resident card issued on or after 28 June 2002

valid common format category D visa for entry to an European Economic Area (EEA)

State (refers to people with limited leave as, for example, students and employment) valid common format residence permit issued by an EEA State in line with council

regulation (EC) No. 1030/2002

diplomatic or service passport issued by the Peoples Republic of China

diplomatic or official passport issued by India

diplomatic or official passport issued by Vietnam.

Related links

Nationalities who require

a direct airside transitvisa (DATV)

Visitor in transit withoutvisa (TMOV) concession


External links

Immigration Rules:General grounds forrefusal - Paragraph 320
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/


20/30


A passenger is free from the DATV requirement if they:

Have a valid USA immigrant visa packet (form 155A or 155B).

Have an expired I-551 permanent resident card which was issued on or after 21 April1998 and they also have an I-797 letter issued by the Bureau of Citizenship which allows

the I-551 to be extended. Are recognised as stateless under the 1954 United Nations (UN) convention relating to

the status of stateless persons. They do not need a DATV and may travel without a visa.

A passenger is not free from the DATV rules if they have a:

I-512 parole letter or an I-797C (notice of action) instead of a valid USA visa

transportation letter instead of a valid USA permanent residence card issued on or after21 April 1998

valid travel document with a USAADIT stamp which says Processed for I-551TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCEVALID UNTIL. EMPLOYMENT AUTHORISED.

USA visa foil endorsed category YY or ZZ and endorsed This is not a visa, and the foilprepared at DHS request

non-national (including refugee) travel document are determined to be originally from aDATV country (unless they are free from the need for a DATV because of one of theexemptions above).


21/30


Visitors in transit

TWOV and DATV abuse

About this guidance

Key facts

Entry or extension

requirements


This page advises on matters relating to abuse of the transit without visa (TWOV)concession and the direct airside transit visa (DATV) when dealing with visitors orpassengers in transit.

Any concerns over a rise in cases of abuse must be notified to UK Border Agency VisaServices Directorate.

Visa Customer ServicesVisa Services DirectorateInternational Group UKBAc/o Lunar House40 Wellesley RoadCroydonCR9 2BY

Abuse of the TWOV concessionThe TWOV concession can be abused by those seeking to enter and remain in the UK,while evading biometrics information capture. Border Force officers must make surepassengers are genuinely in transit before granting entry.

Abuse of DATVYou must look carefully at applications with unusual routings or destinations. For example:

when there is no obvious need to transit London, for example an applicant travelling

from South East Asia to the Middle East passing through London an unusual final destination and the applicant has no plausible explanation for

travelling to that country. For example many Caribbean and Latin American countriesdo not have visa requirements for Chinese, South Asian and African nationalities andbookings might be made simply to enable the person to land and claim asylum in theUK.

In this section


visitor in transit





External links


Immigration Rules -

paragraphs 7-39A

Immigration Rules -Appendix 1: visarequirements for the UK
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendix1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part1/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


22/30


You must be satisfied that:

they intend to proceed to their country of final destination

the reason for choosing such a routing is reasonable and credible

the reasons for travelling to the final destination are credible

they will be admissible in the country of final destination.

You must refuse an application if you doubt any of the above, and you must includecomprehensive notes on Proviso justifying the decision.


23/30


Visitors in transit


About this guidance

Key facts

Entry or extension

requirements


This section tells you about granting or refusing an application to come to, or a request toenter, the UK from a visitor in transit.

In this section


clearance

Grant or refuse entry atUK port

Refusing a direct airsidetransit visa

Refusal wording

Related links



External links

Immigration Rules -

paragraphs 40-56Z


24/30


Visitors in transit

Grant or refuse entry clearance

About this guidance

Key facts

Entry or extension

requirements


This page tells you about granting or refusing an application for entry clearance in the visitorin transit category.

Grant entry clearanceYou must grant entry clearance if the applicant:

meets all the requirements of paragraph 47 of the Immigration Rules, and

none of the general grounds for refusal in paragraph 320 apply.

Length of leave for visitor in transit visasUp to 48 hours.

'B - VISIT IN TRANSIT'. LTE 48 HOURS CODE 3.

The endorsement must be valid from the date the applicant intends to travel to the UK.

Direct airside transit visas (DATV)

A: DIRECT AIRSIDE TRANSIT (validity)

Refusing entry clearanceWhen the applicant has not provided the required evidence that they meet all therequirements of paragraph 47, or if any of the general grounds for refusal in paragraph 320apply, you must refuse the application.

For information on refusing a DATV see related link: Refusing a direct airside transit visa.

In this section

Grant or refuse entry at

UK port


Refusal wording

Related links



External links


DATV refusal notice

VAT8.24
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


25/30


Visitors in transit

Grant or refuse entry at UK port

About this guidance

Key facts

Entry or extension

requirements


This page tells you about granting or refusing an application for entry at a UK port in thevisitor in transit category.

Granting: Non-visa nationalsYou must grant leave to enter on code 3 for 48 hours. If you are concerned that a non-visanational does not have complete onward travel arrangements, you can either:

refuse leave to enter, or

exceptionally grant leave to enter because you are satisfied that the person intends toproceed and is assured of entry at their destination. In this case you must grant leave toenter on code 3 for 48 hours.

Statistical code:IT for persons in transit who have no other reason for entering.

Granting leave to enter under the transit without visa (TWOV) concessionVisa nationals in transit, who benefit from the transit without a visa (TWOV) concession mustalways be given leave to enter on code 3 for 24 hours.

Direct airside transit visa (DATV) holders cannot be granted leave to enter the UK as theirvisa is for transiting airside only. Anyone seeking leave to enter the UK who only holds aDATV visa must be refused leave to enter.

Statistical code:

ITC for persons in transit who meet the terms of the TWOV concession.

Cancellation of an in transit visaWhere a passenger seeking entry in this capacity holds an entry clearance for this purpose,you must consider cancellation only under paragraph 321A.

Refusing general notes

In this section


clearance


Refusal wording

Related links




External links

Immigration Rules -

paragraphs 40-56Z

Immigration Rulesparagraphs 320-324

DATV refusal notice
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part9/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


26/30


Non visa nationals without an entry clearance, who do not meet the requirements ofparagraph 47of the Immigration Rules, must be refused leave to enter under paragraph49 of the Immigration Rules.

Visa nationals without an entry clearance who do not qualify for the transit without visaconcession must be refused under paragraph 320(5) of the Immigration Rules.

Anyone holding visitor in transit visas must be treated as having entry clearance. Ifgeneral grounds for refusal are to be used, you must refer to paragraph 321A (generalgrounds for refusal) in the Immigration Rules.

If you are considering refusing entry at a port of entry on grounds that are not specific tovisitors, refer to the information on the different types of refusal that are available. Seerelated links: General grounds for refusal.

Refusing - on-entry refusal codesA6 - Transit passenger, not satisfied able and intending to proceed at once to anothercountry where they are assured of entry.

K1 - Cancelled entry clearance that confers leave to enter.

Removal directionsYou must take one or other of the following actions where a person fails to satisfy the criteriaof paragraph 47 of the rules:

if the passenger is on the outbound leg of their journey, you must set refusal directionsback to the point of embarkation

if the passenger was in direct transit through the last point of embarkation, you mustarrange removal to the place where they commenced their journey

you can use your discretion on a case by case basis to remove a passenger to thecountry they are seeking to transit to if you believe the person will be accepted there.


27/30


Visitors in transit

Refusing a direct airside transit visa

About this guidanceKey factsEntry or extension

requirementsGranting or refusing

This page tells you what you need to do when refusing direct airside transit visa (DATV)applications.

Passport endorsement for a refused direct airside transit visa (DATV)You must stamp the persons passport using the entry clearance applied for (ECAF) stampand write the letters DAT above.

DATV applicants - right of appealA DATV is not an entry clearance and does not have a right of appeal against refusal.Although there is no statutory requirement to do so you must give a standard notice ofrefusal to all applicants you refuse.

A DATV refusal notice can be produced locally on UK Border Agency headed paper.For thewording of the notice see related link: DATV refusal notice VAT8.24.

A refusal does not have a substantive right of appeal and form IS 82A must be used.

In this section


clearance


Refusal wording

Related links



External links


DATV refusal notice

VAT8.24
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/vat/vat8http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part2/


28/30


Visitors in transit

Refusal wording

About this guidance

Key facts

Entry or extension

requirements


This page tells you the refusal wordings to use when you are refusing entry to a visitor intransit.

If you are not satisfied a person meets the requirements for entry you must refuse underparagraph 49, using the most appropriate wording from paragraph 47 of the rules. Someexamples are:

Reason you are not satisfied theperson meets the requirements

Refusal wording

Inability to meet cost of return oronward journey

... but I am not satisfied that you are able to meetthe cost of your onward journey.

No means and/or intention to proceedto another country

... but I am not satisfied that you have both themeans and the intention of proceeding at once toanother country.

No assurance of entry to anothercountry

... but I am not satisfied that you are assured ofentry there.

Intention or ability to leave UK within48 hours

... but I am not satisfied that you intend and areable to leave the United Kingdom within 48hours.

A person who is refused entry has only a limited right of appeal.

If you are considering refusing entry at a port of entry on grounds that are not specific to

visitors, you can find further information by using the related link: General grounds forrefusal.

In this section


clearance



Related links

Links to staff intranet

removed

External links

Immigration Rules -paragraph 40-56Z


29/30


Visitors in transit

Contact

About this guidance

Key facts

Entry or extension

requirements


This page tells you who to contact for more help with a specific case in the visitor in transitcategory.

If you have read paragraphs 40-56Q (visitors) of the Immigration Rules as well as thisguidance and still need more help, you must first ask your senior caseworker, line manager,or duty Border Force manager.

If the question cannot be answered at that level, you may email:

Non-PBS operational policy team, for guidance on policy. See related link.

For entry clearance officers email UKBAIG ECO support. (ECCCAT). See related link.

For Border Force officers email Border Force policy implementation, UK BorderAgency (BFPI) enquiries. See related link.

Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending, you must contact the non-PBS operationalpolicy team, who will ask the MGT to update the guidance, if appropriate.

The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the related link: Email:Modernised guidance team.

Related linksSee also

Changes to thisguidance

Information owner

External linksImmigration Rules -paragraphs 40-56z



30/30


Visitors in transit

Information owner

About this guidance

Key facts

Entry or extension

requirements


This page tells you about this version of the visitors in transit guidance and who owns it.

Version 6.0

Valid from date 19 March 2013

Policy owner Non PBS operational policy team, Sheffield

Cleared by director Sonia DowerKevin Franklin

Directors role Director, operational policy and rulesDirector, Border operations and change

Clearance date27 November 2012

This version approved forpublication by Jan Hunter

Approvers role Acting assistant director, modernised guidance team

Approval date 19 March 2013

Changes to this guidance can only be made by the modernised guidance team (MGT). Ifyou think the policy content needs amending, you must contact the non-(PBS operationalpolicy team (see related link), who will ask the MGT to update the guidance.The MGT will accept direct feedback on broken links, missing information or the format, styleand navigability of this guidance. You can send these using the related link: Email:Modernised guidance team.

Related linksSee also

Changes to thisguidance

Contacts

External links


Immigration Rules -

paragraphs 40-56Z

Documents

IDI C2 Visit Transit Visitor