Chapter 1 - The basics of immigration and entry clearance work

1.1	What is the legislation and who is responsible for the work?
1.1.1	Biometrics in the legislation
1.2	What is entry clearance?
1.2.1	Categories of travellers for entry clearance purposes
1.2.2	Types of entry clearance
1.2.3	Types and categories of vignette
1.3	Validity of entry clearance and leave to enter [Updated 17 July 2008]
1.3.1	Accompanying dependants
1.4	Police registration
1.5	Where is entry clearance obtained?
1.6	Consideration of entry clearance applications
1.7	Human rights considerations
1.8	What happens on arrival in the UK?
1.8.1	Changing status on or after admission to the UK (switching)
1.8.2	Checking that travellers have left the United Kingdom
1.9	The Common Travel Area (Rules Paragraph 15) [Updated 9 July 2008]
1.10	Carriers liability when a visa national travels without a visa
1.11	Action when there are reliable grounds to suspect previous serious criminal convictions
1.12	Transferring a visa to a new passport [Updated]

Annexes

1.1	Examples of category A, B, C and D vignettes
1.2	Leave to enter endorsements and list of conditions applying to each code [Updated 5 August 2008]
1.3	List of nationalities required to register with the police
1.4	Diplomatic missions overseas
1.5	Examples of UK Immigration Service stamps
1.6	Entry clearance for the Channel Islands and Isle of Man [Updated 8 July 2008]
1.7	Note on the Immigration (Carriers Liability) Act, 1987

Chapter 1 - The basics of immigration and entry clearance work

1.1 - What is the legislation and who is responsible for the work?
Immigration control is based on two legal provisions:

• the Immigration Act 1971 as amended by subsequent immigration and asylum acts.
• the Statement of Changes in Immigration Rules (the Rules) provided for in Section 3(2) of the 1971 Act to give specific details of how immigration control is to be exercised. The Rules are kept under review and revised statements come into effect periodically. The latest complete set of Rules is contained in HC395 (1994).

HC395 has been amended by subsequent changes in the Rules which are listed on the UK Border Agency website.

All reference in Diplomatic Service Procedures (DSP) entry clearance volumes to the 1971 Immigration Act (as amended) will normally be “the Act” and reference to the Immigration Rules will simply be “the Rules”. The term Entry Clearance Officer can be substituted for Immigration Officer in the Rules: Paragraph 26.

UK Border Agency, Visa Services Directorate is the Directorate responsible for entry clearance work overseas.

UK Border Agency, Visa Services Directorate, originally named UKVisas that was formed in June 2000 as a joint Foreign & Commonwealth Office (FCO) and Home Office initiative designed to meet ministerial objectives of a 'fairer, faster and firmer' entry clearance process. The Secretary of State for Foreign and Commonwealth Affairs (Foreign Secretary) is accountable to Parliament on matters concerning the entry clearance operation overseas and the Secretary of State for the Home Department (Home Secretary) is responsible for immigration policy.

The UK Border Agency of the Home Office, is responsible for the immigration control of all persons entering and staying in the UK. Entry Clearance work is administered at UK missions overseas on behalf of the Home Office.

1.1.1 - Biometrics in the legislation
The legislation to enable the biometric capture of fingerprints from all visa applicants is found under the following Regulations in exercise of the powers conferred by section 126(1) of the Nationality, Immigration and Asylum Act 2002:

Statutory Instrument 2006 No 1743 - The Immigration (Provision of Physical Data) Regulations 2006.

1.2 - What is entry clearance?
Entry clearance is the method whereby certain categories of traveller wishing to come to the UK are checked by entry clearance officials overseas to ensure that they qualify under the Rules for admission to the UK prior to travelling there. In some cases it is a mandatory requirement for a person to obtain prior entry clearance; in others it is optional. Details of who requires entry clearance and in what circumstances are described in detail in Chapter 2. In all cases, the authority to admit someone to the UK ultimately rests with the Immigration Officer at the port of entry.

1.2.1 - Categories of travellers for entry clearance purposes
For entry clearance purposes the following categorisation is used:

• Visa nationals
• Non-visa nationals (those who only need prior entry clearance if they are coming to the UK for more than six months or for a particular purpose e.g. marriage).

1.2.2 - Types of entry clearance
An entry clearance takes the form of a stick-in vignette which is placed in the passport or travel document. The vignette can be designated as one of the following types of entry clearance depending on the nationality of the traveller:

• Visa (for visa nationals, stateless persons and refugees)
• Entry clearance (for non-visa nationals and British nationals other than British citizens).
• Family permit (for dependants of EEA nationals).

An applicant for entry clearance must possess either a valid passport or another document establishing identity and nationality. Guidance of types of passport and travel documents, including those not recognised by HMG, is given in Chapter 4.

1.2.3 - Types and categories of vignette
There are two types of vignette:

• Uniform Format Visa (UFV).This vignette is common to all EU Member States.
• United Kingdom Vignette.

Examples of these vignettes are at Annex 1.1.

The UFV is used for visa nationals coming to the UK as visitors or in transit while the UK vignette is used for all other entry clearances.

1.3 - Validity of entry clearance and leave to enter   [Updated 17 July 2008]
The validity of entry clearance and leave to enter are normally the same. There are two significant dates on the entry clearance, the 'effective' date and the 'expiry' date. In most cases, the 'effective' date will be the date on which the entry clearance is issued. However, some applicants may not intend or be able to travel to the UK immediately following their application and Entry Clearance Officers have discretion to defer the 'effective' date for up to three months after entry clearance has been authorised. Therefore, to prevent unnecessary applications for an extension of stay, Entry Clearance Officers should confirm an applicant’s date of travel. For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category (i.e. work permit holder and their dependants, UK ancestry, au pairs, and working holidaymakers), leave to enter should begin on the date they arrive in the UK (within the three month limit). This will ensure that the maximum leave to which they are entitled is given. Similarly, an Immigration Officer has authority to vary or extend leave where permitted, on arrival in the UK.

The 'expiry' date reflects the date on which the entry clearance and leave to enter are no longer effective. After this date the entry clearance will not be valid for travel to the UK, nor will it confer leave to enter.

A person granted entry clearance may travel to and remain in the UK for the purpose it was granted as many times as they wish while it remains valid. The maximum time a visitor is permitted to remain in the UK on each separate visit, however, is six months. Where visit entry clearance has been issued for multiple journeys (normally over a 1, 2 or 5 year period), the duration of each visit will be limited to a maximum of six months. This limitation appears on the entry clearance vignette under the heading “duration of stay”.

Indefinite Leave to Enter (ILE) - endorsement
Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post can enter and stay in the UK indefinitely and will have no time restrictions on their stay. ILE carries the same entitlement as “Indefinite Leave to Remain” (ILR) which is issued by the Home Office to those who have already travelled to the UK.   Anyone who has ILE does not have to apply for ILR when in the UK.

However, although indefinite leave, by definition, will not expire, we are unable to issue a visa to those who meet the criteria for ILE without putting a ‘validity date’ on the visa. Therefore the ‘validity date’ on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency (UKBA) for a transfer of conditions into their new passport. They will not need to apply for Indefinite Leave to Remain (ILR).

A list of leave to enter endorsements for each category of entry clearance is at Annex 1.2. These endorsements are computer generated and automatically appear on the entry clearance vignette. In case of equipment failure, the endorsements should be hand-written in black ball point pen.

1.3.1 - Accompanying dependants
Accompanying dependants, whose details are included in the main applicant's passport, will receive their own vignettes (affixed in the main applicant's passport).

1.4 - Police registration
Nationals of certain countries are required by the Rules to register with the police during their stay in the UK. A list of these nationals is at Annex 1.3. The entry clearance vignette must state if registration is necessary.

In London, police registration is made at the Overseas Visitors Registration Office, (OVRO), Brandon House, 180 Borough High Street, London SE1 1LH, Tel. 020 7230 1208; elsewhere the person will register at the nearest police station specified as a registration office. A fee is charged for the initial registration certificate which will show the conditions on which a person has been given leave to enter or leave to remain.

1.5 - Where is entry clearance obtained?
Entry clearance must be applied for at an Entry Clearance Issuing Post (ECIP) which will normally be a British mission overseas. But where Commercial Partnerships exist applicants should submit applications through these Partners. Paragraph 28  of the Rules provides for someone who intends only a visit to the UK to apply at any ECIP overseas. Someone seeking admission for a purpose other than a visit, however, must apply to the Post in the country where they are living, or where appropriate, to a Post/Partner designated to accept applications on its behalf. A list of designated Posts/Partners is at Annex 1.4.

All persons who are not required to hold entry clearance must satisfy the Immigration Officer of their admissibility under the Rules on arrival in the UK. The requirements to be met are exactly the same for non-visa nationals as they are for visa nationals.

1.6 - Consideration of entry clearance applications
Applications for entry clearance are considered by an Entry Clearance Officer (ECO). All ECOs receive intensive training before taking up their positions overseas. The work and decision making of an ECO is overlooked by a senior officer given the designation Entry Clearance Manager (ECM).

A decision whether to issue or refuse entry clearance must be taken in accordance with the Immigration Rules and Home Office Immigration Policy. An ECO is expected to act fairly and reasonably in reaching a decision. Guidance on the different categories of entry clearance are contained in the following chapters of this Volume of DSP. It is essential that all guidance is read in conjunction with the appropriate paragraph(s) of the Rules.

1.7 - Human Rights considerations
The UK signed up to the European Convention on Human Rights (ECHR) in 1951 and has sought to comply with its obligations ever since. However, until recently, rights under the convention could not be enforced against public authorities in the UK courts. The Human Rights Act, which came into effect on 2 October 2000 made it a legal duty for public authorities to act compatibly with the ECHR. Ministers believe that the Immigration Rules are compatible with the Human Rights Act and therefore any proper decision to refuse entry clearance should not be in breach of an individual’s rights. It is essential, however, for ECOs to ensure that Human Rights’ considerations are taken into account when reaching a decision.

Detailed guidance on the application of human rights considerations is contained in the following booklets held at Post:

• The Human Rights Act – A guide for EC staff
• Core Guidance for Public Authorities

It is important that all EC staff familiarise themselves with the guidance and apply the instructions contained in it.

Details of how to proceed if allegations are made of a breach of human rights are contained in Chapter 27.

1.8 - What happens on arrival in the UK?
Information about what happens on arrival in the UK can be found at: UK Border Agency. Under certain circumstances the IO has authority to cancel an entry clearance and refuse entry to the traveller. (Paragraph 321 of the Rules).

All passports will normally be stamped on first arrival in the UK. Examples of Immigration stamps are given at Annex 1.5.

1.8.1 - Changing status on or after admission to the UK (switching)
Only in certain very limited circumstances may people who have already been admitted to the UK for one purpose seek to change that purpose for another, e.g. for settlement after marriage or civil partnership. All others must leave the UK and make a fresh application for entry clearance (Paragraph 28 of the Rules). Applications for switching, where this is permitted, and requests for an extension of stay where leave to enter has expired (or is about to expire) can be made to the Public Caller Unit of the Home Office. Further information on changing status in the UK can be found on the UK Border Agency website.

1.8.2 - Checking that travellers have left the UK
There is no embarkation control as at late 2006. Sometimes the Home Office will ask a Post to find out if a person has returned home. Checks can be made from Post records to see whether the person has re-applied for another entry clearance, or by enquiries through the local police or by writing to the person at the last known address asking for confirmation of the date of departure for record purposes.

1.9 - The Common Travel Area ( Rules Paragraph 15) [Updated 9 July 2008]
The UK, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form the Common Travel Area. In Immigration terms, this means that a person accepted for entry at any point in the Area does not normally require leave to enter any other part. There is therefore no requirement for separate entry clearances to be issued where the applicant is going to transit through or remain for a while in one part of the Common Travel Area before travelling to another part. The entry clearance should be issued for the prime purpose of the journey. There are exceptions for certain persons entering through the Republic of Ireland.

Those in transit through the UK to the Republic of Ireland are dealt with in Chapter 11.

Instructions for dealing with applications for entry into the Channel Islands and the Isle of Man are given in Annex 1.6. The Crown Dependencies (the Channel Islands and the Isle of Man) have not yet introduced the Points Based System (PBS).  Until further notice, any application which would be dealt with under the PBS if the applicant was going to the UK, should be referred to the relevant Crown Dependency. 

Information on the visa regulations of the Republic of Ireland is contained in Volume 3.

Guidance on entry to the Channel Islands by EEA nationals and their dependants is contained in Chapter 21.

1.10 - Carriers’ liability when a visa national travels without a visa
Under the Immigration (Carriers’ Liability) Act 1987, a carrier is liable to a fine of £2,000 for each passenger who fails upon arrival in the UK to produce satisfactory documentation establishing nationality and identity or, in the case of visa nationals, a valid visa. Further guidance is at Annex 1.7.

1.11 - Action when there are reliable grounds to suspect previous serious criminal convictions
If you have reliable grounds to suspect that an applicant may have a serious previous criminal conviction and need this to be verified in order to resolve a visa application you should defer the decision. After obtaining specific ECM authority to proceed, refer the application immediately to the HO ECO Referrals Unit (NCC2) with a specific request that a Criminal records check is conducted and the result notified to you. This search must be recorded in the post PNC check register to provide a local audit trail for such checks.

1.12 - Transferring a visa to a new passport [Updated]
If a traveller's passport expires during the validity of the multiple entry visa, it may be transferred to a new passport for the remaining period without payment of a further fee. The visa on the expired passport should be cancelled.