The Immigration (Passenger Transit Visa) Order 2014

Citation and commencement

1.—(1) This Order may be cited as the Immigration (Passenger Transit Visa) Order 2014.

(2) This Order comes into force on 1st December 2014.

Interpretation

2.—(1) Subject to paragraph (5), in this Order a “transit passenger” means a person to whom paragraph (2), (3) or (4) applies and who on arrival in the United Kingdom passes through to another country or territory without entering the United Kingdom.

(2) This paragraph applies to a person who is a citizen or national of a country or territory listed in Schedule 1 to this Order.

(3) This paragraph applies to a person holding a travel document issued by the purported “Turkish Republic of Northern Cyprus”.

(4) This paragraph applies to a person who holds a passport issued by the Republic of Venezuela that does not contain biometric information contained in an electronic chip.

(5) A person to whom paragraph (2), (3) or (4) applies will not be a transit passenger if he—

(a) has the right of abode in the United Kingdom under the Immigration Act 1971(1);

(b) is a citizen or national of an EEA State; or

(c) in the case of a citizen or national of the People’s Republic of China, holds a passport issued by either the Hong Kong Special Administrative Region or the Macao Special Administrative Region.

(6) In this Order—

“Approved Destination Status Scheme” means a scheme for issuing visas to Chinese tour groups under—

(a)

the Memorandum of Understanding between the European Community and the National Tourism Administration of the People’s Republic of China on visa and related issues concerning tourist groups from the People’s Republic of China (ADS) signed at Beijing on 12th February 2004(2); or

(b)

a similar agreement between the People’s Republic of China and a Schengen Acquis State;

“EEA State” means a country which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(3) as adjusted by the Protocol signed at Brussels on 17th March 1993(4);

“Schengen Acquis State” means an EEA State (excluding the United Kingdom and Republic of Ireland) or Switzerland.

Requirement for a transit passenger to hold a transit visa

3.  Subject to article 4, a transit passenger is required to hold a transit visa.

Exemption from the requirement for a transit passenger to hold a transit visa

4.  A transit passenger is not required to hold a transit visa if he holds or a person with whom he arrives in the United Kingdom holds on his behalf—

(a) a valid visa for entry to Australia, Canada, New Zealand or the United States of America;

(b) a valid Australian Permanent Resident Visa;

(c) a valid Canadian Permanent Resident Card issued on or after 28th June 2002;

(d) a valid New Zealand Permanent Resident Visa;

(e) a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;

(f) an expired USA I-551 Permanent Resident Card provided it is accompanied by a valid I-797 letter authorising an extension of the period of permanent residency;

(g) a valid USA I-551 Temporary Immigrant Visa;

(h) a valid standalone US Immigration Form 155A/155B attached to a brown sealed envelope;

(i) a valid common format Category D visa for entry to an EEA state or Switzerland;

(j) a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No 1030/2002(5) or Switzerland;

(k) a valid biometric visa issued by the Republic of Ireland;

(l) a valid visa issued by a Schengen Acquis State under the Approved Destination Status Scheme where the transit passenger is undertaking a journey via the United Kingdom to a Schengen Acquis State;

(m) a valid airline ticket for travel via the United Kingdom as part of a journey from a Schengen Acquis State to another country or territory, provided that the transit passenger does not seek to travel via the United Kingdom on a date more than 30 days from the date on which he last entered a Schengen Acquis State with a valid visa issued by a Schengen Acquis State under the Approved Destination Status Scheme;

(n) a diplomatic or service passport issued by the People’s Republic of China;

(o) a diplomatic or official passport issued by India; or

(p) a diplomatic or official passport issued by Vietnam.

Method of application for a transit visa

5.  An application for a transit visa may be made to any British High Commission, Embassy or Consulate which accepts such applications.

Revocations

6.  The Orders specified in Schedule 2 to this Order are revoked.

James Brokenshire

Minister of State

Home Office

8th October 2014