Chapter 5 - Exempt Status

5.1	Introduction
5.2	Biometrics
5.3	Handling Applications
5.4	People who are exempt from immigration control [Updated 25 July 2008]
5.5	People who are not exempt from immigration control
5.6	Courtesy Endorsements
5.7	Unmarried Partners of Diplomats
5.8	Dependants of Members of the Armed Forces
5.9	Fees

Annexes

5.1	List of international organisations whose employees qualify for exempt entry clearance

Chapter 5 - Exempt Status

5.1 - Introduction
Some people are exempt from immigration control even though they do not have the right of abode in the United Kingdom. The main provisions for exemption are contained in Sections 8 (2), 8 (3) and 8 (4) of the Immigration Act 1971. Any person who is exempt from immigration control does not require prior entry clearance. However, it is strongly advised that visa nationals obtain an exempt vignette before travelling to the United Kingdom to avoid unnecessary delays on arrival.

5.2 - Biometrics
People who are exempt from immigration control are not required to provide their biometric data. In addition, there also exist certain categories of people that are subject to immigration control but are not required to provide their biometric data including diplomatic couriers and diplomats visiting the UK on the official business of their government. See section 5.5  for further details.

5.3 - Handling Applications
Applications for exempt vignettes should ideally be made on the relevant VAF. However a Note Verbale may be accepted in place of a VAF provided it gives sufficient information including the designation of the officer, length of posting and accompanying family members. This VAF concession may also be extended to diplomats travelling on private visits. When a Note Verbale is submitted with no application form, a member of the visa section should complete a VAF. ECOs should ensure that people holding diplomatic, official or service passports meet one of the requirements in Section 5.4

Evidence of Diplomatic Status: Diplomatic passports are not prima facie evidence of an individual’s diplomatic status. ECOs will need to judge according to local circumstances what documents are necessary in order to determine if an individual is a diplomat. In some circumstances, a passport may be deemed sufficient. In others, it may be necessary to ask for some further proof from the Ministry of Foreign Affairs (MFA) e.g. a Note Verbale or MFA letter confirming the posting to the UK.

Refusing an exempt vignette: It is not possible to apply the provisions of the Immigration Rules to people who are not subject to UK legislation. Any decision to deny an exempt vignette must be made in accordance with the provisions of the relevant international framework, such as the Vienna Convention on Diplomatic Relations 1961. These cases should be referred to ECO Support as a matter of priority. You should include detailed reasons why it is felt that the diplomat should not be welcomed in the United Kingdom. ECO Support will then arrange for the application to be determined in close consultation with FCO Protocol Directorate, the geographical department and BIA.

5.4 - People who are exempt from immigration control [Updated 25 July 2008]

1. Sovereigns, Heads of State or Heads of ex-Reigning Houses, who are personae gratae to HMG whether travelling officially or privately. Members of their family forming part of their household and their private servants are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.

   All people included in the official state visit for the purpose of attending to the Head of State will also be exempt from immigration control. This will not include private individuals such as journalists and businessmen. Where these people are included in a party they must be advised to apply for entry clearance in the normal manner.

   Endorsement:
   D: Exempt: 6 months

   Ex-Heads of State and their families are not exempt from immigration control. They should be treated as private persons unless special considerations make this undesirable. In such cases the Head of Post should send a referral to NCC2 in BIA (copied to ECO Support) for consideration outside the Rules. Referrals should give full details of the case including whether exempt status has been issued in the past.

2. (i) Members of the diplomatic, administrative, technical and service staff and career consular officers of States recognised by HMG that are appointed to a mission in the United Kingdom. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18. People in this category being posted to a mission in the United Kingdom should be granted an exempt vignette valid for 5 years or for the length of the posting, whichever is shorter. Members of their family should be issued in line with this.

   Endorsement:
   D: Exempt (Diplomatic): 5 years or length of posting (whichever is shorter)
   D: Exempt (Official): (for administrative and technical service staff) 5 years or length of posting (whichever is shorter)

   Children between the ages of 18 and 25 may qualify if they are in full time education, are not in full-time employment and are genuinely financially dependent on their parents. Applications from dependent children who are over 25 should be referred to the Diplomatic Missions and International Organisations Unit, FCO Protocol Directorate, for a decision. All dependent children must be recognised as such by the sending State.

   Exempt vignettes for dependent children over 18 who are in full-time studies should be issued for the duration of the course. If no evidence of full-time studies is provided, an exempt vignette should be issued for 12 months. Where an exempt vignette is granted on the grounds that the child is financially dependent on the diplomat then an exempt vignette should be issued for 12 months. If the dependent child can show that they are still in full-time studies or still financially dependent on the diplomat at the expiry of their exempt vignette, they can apply to have this extended in the UK.

   Elderly or widowed parents or other family members who are wholly dependent on the main applicant may be considered if they are living alone with no relative to turn to in their own country.

   Honorary consuls and their family members are not exempt from immigration control and are required to provide their biometric data.

   (ii) Locally employed members of staff of a mission in the United Kingdom who were recruited outside the United Kingdom. Where a person applies in this category but there is evidence that they have recently spent time in the UK, the ECO must be satisfied that they were resident outside the UK when they were recruited for the post. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.

   Locally employed members of staff of a mission in the United Kingdom who were recruited in the United Kingdom are not exempt from immigration control.

   Endorsement:
   D: Exempt: for validity of contract but no more than 5 years

   (iii) As a matter of policy, diplomats travelling through the United Kingdom to or from a country where they are accredited. An exempt vignette should be issued valid for six months. Members of their family forming part of their household are also exempt from immigration control.

   Endorsement:
   D: Exempt: 6 months

3. Serving Government Ministers (or equivalent) of states recognised by HMG travelling to the United Kingdom on the official business of their government. Posts may issue two-year exempt vignettes to people in this category. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.

   Endorsement:
   D: Exempt: for period of visit or 2 years whichever is appropriate

4. Employees of international organisations (listed in Annex 5.1 ) based, or with offices, in the UK who have been recruited overseas, as well as representatives and officials of the International Organisations listed when travelling to the United Kingdom in their official capacity on the official business of that organisation. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.

   For guidance on handling applications from dependent children over the age of 18 see 5.4.b (i) on dependent children of diplomats.

   People intending to undertake short-term employment ("internships") at European Bank for Reconstruction and Development (EBRD) and the Commonwealth Secretariat are also exempt from immigration control. Applications from people applying as an intern to other international organisations missions in the United Kingdom should be referred to ECO Support for advice.

   People being posted to an international organisation in the United Kingdom should be issued an exempt vignette valid for 5 years or for the length of the posting, whichever is shorter.

   Where only a short official visit is intended the exempt vignette should be valid for the period of that visit.

   Short-term employees (interns) should be granted an exempt vignette for the duration of their contract.

   Endorsement:
   D: Exempt up to 5 years

5. Other people forming part of the official party or delegation of (c) Serving Government Ministers or equivalent and (d) Employees of International Organisations e.g. civil servants, secretaries, and interpreters. An exempt vignette should be valid for the period of the visit as stated in the accompanying application.

   Endorsement:
   D: Exempt: for period of visit

   Care should be taken to ensure that all people named in the official party are employees of the sending state. Journalists, businessmen or other people not employed by the sending state that are included in official parties are not exempt from immigration control and must meet the requirements of the Immigration Rules as business visitors.

6. (i) Commonwealth or Overseas Territories citizens who are selected for training in the UK Armed Services. The MoD will normally confirm to Posts directly that an applicant has been selected. Where an applicant produces a letter from the MoD, ECOs should confirm its authenticity with the originator.

   Endorsement:
   D: Exempt: Home Forces:

   Dependants of members of the armed forces are not exempt from immigration control. See Section 5.8.

   (ii) Members of Commonwealth and NATO armed forces posted for service in the United Kingdom or attending training courses either at a military establishment or with a UK firm. People in this category should be granted an exempt vignette valid for the period of the training or posting.

   Endorsement:
   D: Exempt: for duration of training or posting

   Dependants of members of the armed forces are not exempt from immigration control. See Section 5.8.

   Commonwealth or Overseas Territories citizens who wish to enter the UK to attend an interview or selection test for entry into the UK Armed Services may do so as a visitor.

   (iii) People serving or posted for service as a member of an international headquarters or defence organisation.

   Endorsement:
   D: Exempt: for duration of contract up to a maximum of 5 years

7. People accepted as arms control personnel under the Vienna Document 1992 (Conference on Security and Co-operation in Europe) and the Conventional Armed Forces in Europe Treaty 1992. The main issuing post is Vienna. People in this category should be granted an exempt vignette valid for two years.

   Endorsement:
   D: Exempt - visit (Arms Control Inspector: 2 years
   D: Exempt - visit (Arms Control Observer): 2 years
   D: Exempt - visit (Arms Control Transport Crew): 2 years

5.5 – People who are not exempt from immigration control

1. Diplomats travelling to the UK on an official visit are not exempt from immigration control (unless they qualify under section 5.4(e)). However, diplomats on the official business of their Government will be exempt from the requirement to provide biometrics as a matter of policy. Where the ECO is satisfied on the basis of the documentation submitted (normally a diplomatic passport and a letter from the MFA or letter from the UK Department confirming that the applicant is visiting the UK on official government business), they may waive the biometric requirement. Visas can be issued gratis in these cases.
2. Diplomatic Couriers are not exempt from immigration control. However, people in this category are “inviolable” under the Vienna Convention on Diplomatic Relations 1961 and therefore are not required to provide biometrics.

   Endorsement:
   C: Visit - 6 months: the endorsement "diplomatic courier" should be hand written above the entry clearance.

3. Officials of foreign governments are not exempt from immigration control (unless they qualify under section 5.4(e)). Officials of foreign governments will be required to provide their biometric data. This is the case even if they are travelling on the official business of their government. It may not be appropriate to charge a fee depending on the purpose of the visit.
4. Domestic servants of exempt employers are not exempt from immigration control (unless they qualify under Section 5.4). People who are exempt from immigration control, including Heads of Mission, who wish to bring their private staff to the United Kingdom may do so in accordance with the Rules on ‘Private Servants in Diplomatic Households’ (Paragraphs 152-159). See Chapter 18 for guidance. The only exception to this is where a servant for a Head of Mission is employed and paid directly by the sending State. Such people will be treated as exempt from immigration control.

   Endorsement:
   D: Exempt: validity for period of contract but must not be for longer than the Head of Mission’s stated length of posting.

5.6 - Courtesy endorsements
An additional courtesy wording can be added above or below the exempt vignette on issue of exempt entry clearance. However, these endorsements do not in themselves imply that the person is entitled to diplomatic privileges and immunities, nor do they confer any exemption from immigration control. They merely indicate an individual's personal standing.

• "Diplomatic" may be added for those in categories 5.4 (a), (b) (c) and (d) above.
• "Official" may be added for those in categories 5.4 (e), (f), and (g) above.

5.7 - Unmarried Partners of Diplomats
Unmarried partners of diplomats are not exempt from immigration control, nor do they benefit from privileges and immunities under the Vienna Convention on Diplomatic Relations 1961. However, a foreign national may apply for UK entry clearance as the unmarried partner of an accredited diplomat posted to or based in the UK for the duration of the partner’s posting. There will be no need for applicants to satisfy the usual two-year cohabitation condition applied to other unmarried partner applications. Such individuals will be allowed to take employment in the UK, but unlike the unmarried partners of British Citizens/persons legally settled in the UK (see Chapter 13) will not qualify for settlement on the basis of their relationship. In order to qualify for entry clearance under this concession the unmarried partner of a diplomat will have to show that:

• the relationship is recognised as durable by the sending State;
• the relationship is akin to marriage; and
• the couple intends to live together in the UK for the duration of the posting.

This visa will be a long-term non-settlement visa. It should be issued gratis.

Endorsement:
D: To Join/Acc Partner: 2 years: Code 1
(Add initials, surname of sponsor and Embassy/High Commission)

5.8 - Dependants of Members of the Armed Forces
Dependants of members of the armed forces are not exempt from immigration control. However, dependants of military personnel of NATO and Commonwealth countries posted for service in the UK are exempt from the requirement to provide biometrics as a matter of policy. This exemption does not apply when the applicant is a dependant of a forces member coming to the UK for training.

Spouses/Civil Partners
The Immigration Rules set out the requirements to be met for leave to enter as the spouse or civil partner of a member of the armed forces who is exempt from immigration control. Those requirements are:

• Spouse or civil partner applicants must be married to or in a civil partnership with an armed forces member and be able to provide evidence of their marriage or civil partnership (including the original marriage certificate or civil partnership certificate) and evidence that the sponsor is exempt.
• The couple should intend to live together during the applicant’s stay in the UK and the marriage or civil partnership must be subsisting.
• There needs to be adequate accommodation without recourse to public funds. Whether the accommodation is provided by the armed forces or the sponsor’s employer or rented (often with a subsidy from the sponsor’s employer), it must be occupied ‘exclusively’ by the sponsor and their dependants. If the accommodation is owned by the sponsor and/or his dependants, exclusive occupation is not a requirement.
• The sponsor and their dependants must be able to support themselves without recourse to public funds.
• The spouse and civil partner applicants should not intend to stay in the United Kingdom beyond their sponsor’s period of enlistment in HM Forces or, if the sponsor is not a member of HM Forces, beyond the period of their sponsor’s training, posting or service in the UK. Unless there is particular reason to think otherwise, the applicant’s ability to produce a recent letter from the sponsor’s Unit or employer in support of the application would normally be regarded as satisfactory evidence of this.

Endorsement:
D: To Join/Acc Spouse/CP: Code 1 - Validity should be granted in line with the sponsors leave, up to a maximum of 4 years.

Children
In addition to providing evidence that they are a child of a member of the armed forces, the Immigration Rules set out the requirements to be met for leave to enter as a child of a member of the armed forces who is exempt from immigration control. Those requirement are to demonstrate that:

• they are the child of a parent who is a member of the armed forces and exempt from immigration control under section 8(4) of the Immigration Act 1971; and
• they are under the age of 18; and
• they are unmarried, have not formed an independent family unit and are not leading an independent life; and
• they can and will be maintained and accommodated adequately without recourse to public funds in accommodation which their parent(s) own or occupy exclusively; and
• they will not stay in the United Kingdom beyond the period of their parent’s enlistment in the home forces, or posting or training in the United Kingdom; and
• their other parent is being or has been admitted to or allowed to remain in the United Kingdom, unless:
  1. the parent they are accompanying or joining is their sole surviving parent; or
  2. the parent they are accompanying or joining has had sole responsibility for their upbringing; or
  3. there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for their care.

Endorsement:
D: To Join/Acc Parent: Code 1: validity should be granted in line with sponsors leave up to a maximum of 4 years.

Children over the age of 18
Applications for leave as a child dependant 18 years old or over can be considered if there are compelling and compassionate circumstances. In this case, the application should be referred to NCC2 at BIA who will determine whether a decision to grant leave outside the Rules should be made. For further information on referrals, please see Chapter 25.

Unmarried Partners do not qualify as dependants of members of the armed forces
If the sponsor is a member of HM Forces, they will need to provide:

• A letter from their sponsor’s Unit confirming the date of their enlistment and their expected final date of service with HM Forces.

If the sponsor is not a member of HM Forces but is exempt from UK immigration control on the basis of their armed forces training, posting or service in the UK (including NATO), or as a member of a designated international headquarters or defence organisation, they will need to provide:

• A letter from the sponsor's unit or employer confirming the start date of their training, posting or service in the United Kingdom and the expected end date of this period of training, posting or service in the UK.

If the letter is not recent, ECOs may wish to contact the army unit concerned, to ensure that the service details provided remain valid.

5.9 - Fees
See Chapter 7 on Fees for categories eligible for gratis entry clearance.