2003 No. 1185
IMMIGRATION

The Immigration (Passenger Transit Visa) Order 2003

Made
Laid before Parliament
Coming into force

In exercise of the powers conferred upon him by section 41 of the Immigration and Asylum Act 1999 M1 the Secretary of State hereby makes the following Order:

Citation, commencement and interpretation1.

This order may be cited as the Immigration (Passenger Transit Visa) Order 2003 and shall come into force on 2nd May 2003.

2.

(1)

Subject to paragraph (4), in this Order a “transit passenger” means a person to whom F1paragraph (2), (3) F2F3... or (3B) 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:

(a)

the purported “Turkish Republic of Northern Cyprus”;

(b)

the former Socialist Republic of Yugoslavia;

(c)

the former Federal Republic of Yugoslavia; or

(d)

the former Zaire.

F4F5 (3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(3B)

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

(4)

A person to whom F7paragraph (2), (3) F8F9... or (3B) applies will not be a transit passenger if he:

(a)

has the right of abode in the United Kingdom under the Immigration Act 1971 M2;

(b)

is a national of an EEA State; or

(c)

in the case of a national or citizen 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.

(5)

In F10this Order “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 M3 as adjusted by the Protocol signed at Brussels on 17th March 1993 M4.

Requirement for a transit passenger to hold a transit visa3.

F11Subject to article 3A, a transit passenger is required to hold a transit visa.

F12Exemption from the requirement for a transit passenger to hold a transit visa3A.

(1)

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 F13Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom F14as part of a journey from another country or territory to the country in respect of which the visa is held;

F15(ab)

a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;

F16(b)

a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to travel via the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;

(c)

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

(d)

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

(e)

a valid common format Category D visa for entry to an EEA State;

(f)

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

(g)

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

(h)

a diplomatic or official passport issued by India.

(i)

F17a diplomatic or official passport issued by Vietnam.

F18 (2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Method of application for a transit visa4.

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

Revocations5.

The Orders M5 specified in Schedule 2 to this Order are hereby revoked.

Beverley Hughes
Minister of State

Home Office

F19SCHEDULE 1COUNTRIES OR TERRITORIES WHOSE NATIONALS OR CITIZENS NEED TRANSIT VISAS

Article 2

  • Afghanistan

  • Albania

  • Algeria

  • Angola

  • Bangladesh

  • Belarus

  • F20Bolivia

  • Burma

  • Burundi

  • Cameroon

  • F21...

  • F22Congo

  • Democratic Republic of the Congo

  • Ecuador

  • F23Egypt

  • Eritrea

  • Ethiopia

  • Former Yugoslav Republic of Macedonia

  • Gambia

  • Ghana

  • F24Guinea

  • F24Guinea-Bissau

  • India

  • Iran

  • Iraq

  • Ivory Coast

  • F25Jamaica

  • F26Kenya

  • Lebanon

  • F27Lesotho

  • Liberia

  • F28Libya

  • F29Malawi

  • Moldova

  • F30Mongolia

  • Nepal

  • Nigeria

  • Pakistan

  • Palestinian Territories

  • People’s Republic of China

  • Rwanda

  • Senegal

  • Serbia and Montenegro

  • Sierra Leone

  • Somalia

  • F31South Africa

  • F32South Sudan

  • Sri Lanka

  • Sudan

  • F33Swaziland

  • F34Syria

  • F35Tanzania

  • Turkey

  • Uganda

  • Vietnam

  • F36Yemen

  • Zimbabwe

SCHEDULE 2REVOCATIONS

Article 5

(1)

(2)

Orders revoked

References

The Immigration (Transit Visa) Order 1993

S.I. 1993/1678

The Immigration (Transit Visa) (Amendment) Order 1998

S.I. 1998/55

The Immigration (Transit Visa) (Amendment No. 2) Order 1998

S.I. 1998/1014

The Immigration (Transit Visa) (Amendment) Order 2000

S.I. 2000/1381

The Immigration (Transit Visa) (Amendment) Order 2002

S.I. 2002/825

The Immigration (Transit Visa) (Amendment No. 2) Order 2002

S.I. 2002/2758

(This note is not part of the Order)

This Order is made under section 41 of the Immigration and Asylum Act 1999 and requires transit passengers to hold a transit visa (article 3). A transit passenger is a person who on arrival in the United Kingdom passes through to another country or territory without entering the United Kingdom (article 2(1)) and is either a citizen or national of one of the countries listed in Schedule 1 (article 2(2)) or holds a travel document issued by the purported “Turkish Republic of Northern Cyprus”, the former Federal Republic of Yugoslavia, the former Socialist Republic of Yugoslavia or the former Zaire (article 2(3)). However, a person will not be a transit passenger in accordance with article 2(2) or (3) if that person has a right of abode under the Immigration Act 1971, is an EEA national or, in the case of a national or citizen 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 (article 2(4)). The Order also makes provision regarding the making of an application (article 4).

In addition, the Order revokes the Orders listed in Schedule 2 (article 5). The contents of those Orders are reflected in this Order which makes equivalent provision, with the following modifications. The Schedule of countries whose citizens or nationals require a transit visa if they travel through the United Kingdom in transit to another country is expanded to include the People’s Democratic Republic of Algeria. Additionally, the categories of person who hold travel documents issued by specified countries and territories and who require a transit visa as a result is expanded to include the former Federal Republic of Yugoslavia and the former Zaire.