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VAT08 Special Visitor: Visitor in transit

Special Visitor: Visitor in transit
Last updated 17 November 2008

This is internal guidance for use by entry clearance staff on the handling of applications made outside the United Kingdom (UK) for visit and transit visas. It is a live document under constant review and is for information only.

Entry Clearance Guidance - Recent updates

Guidance

Further information

 

VAT8.1 How can an applicant transit the UK?

Depending on the circumstances, an applicant may transit:

  •  with a visitor in transit visa;
  • under the Transit Without Visa (TWOV) concession; or
  • with a Direct Airside Transit visa (DATV)

This applies only to applicants who come to the UK in transit to a country outside the Common Travel Area (CTA) – see CTA section for more information.

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VAT8.2 What are the requirements for a visitor in transit visa?

An applicant must meet the requirements of Paragraph 47-50 of the Rules.

The ECO needs to be satisfied that the applicant is in transit to a country outside the Common Travel Area (CTA) and will be admitted into the country of onward destination. The ECO should ask to see the following:

  • documentary evidence that the earliest onward passage from the UK has been booked, and that it is within 48 hours of arrival;
  • a visa for the country of onward destination (if needed);
    or
  • documentary evidence from the authority competent to grant a visa that it will be granted unconditionally after the traveller’s arrival in the United Kingdom.

Where the applicant’s travel document does not guarantee return to their country of residence and they intend to transit through the UK on their return journey, the ECO should ask to see:

  • a re-entry visa or permit entitling them to return to the country of residence, valid for a period amply covering the proposed journey; and
  • as accurate an indication as possible of the itinerary, and date, and means of travel for the return as well as for the outward journey.

The ECO should inform the applicant about the 24 hour Transit Without Visa (TWOV) concession if they meet the criteria – see below.

 

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VAT8.3 Do I collect biometric data from applicants for a visitor in transit visa?

Yes – unless they fall into one of the exempt categories. (See information on Exempt status)

 

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VAT8.4 Can a visitor in transit visa be issued for within the Common Travel Area?

No. The provisions of the visitor in transit visa only apply if transiting the UK en route to a country outside the Common Travel Area ((the Republic of Ireland, the Channel Islands and the Isle of Man).  If travelling to a part of the Common Travel Area a visit visa is required.

Further information is available on Common Travel Area (CAT) section.

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VAT8.5 Can a visitor in transit visa be issued without onward travel being booked?

No. The ECO should not issue a transit visa to an applicant who says that they cannot or have not booked their onward travel out of the UK.  But the ECO can issue a visit visa if they meet the requirements of the Visitor Rules.

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VAT8.6 Do people visiting the UK for a short time before continuing their journey to another country qualify for a visitor in transit visa?

No. People who wish to enter the UK for a short period, for example to visit relatives or do business, before continuing their journey to another country, do not qualify as visitors in transit.  See the Visit & Transit (VAT) section for more details.

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VAT8.7 What is the validity period for a visitor in transit visa?

Visitor in transit visas are usually limited to 6 months’ validity.  If the ECO is satisfied that it is suitable to grant a visitor in transit visa for more than six months then it is likely that the applicant would meet the visit requirements. This option should be highlighted to them.

If there is a likelihood that the applicant may, on one of the journeys, wish to remain longer than 48 hours and he/she qualifies for a Multiple Visits Visa, the ECO should encourage them to apply for such a visa. 

The ECO can issue a multiple visitor in transit visa if the applicant’s passport and visa for the country of destination remain valid for at least two months beyond the expiry of the multiple entry visa.

This will allow the applicant to transit the UK any number of times within the visa’s validity.

To help the applicant and as a precaution, the ECO should inform them of the conditions attached to the visa.  The ECO should remind them that the visa will not be valid for entry to the UK if these conditions are not met on each journey through the UK.

The two month rule for the multiple entry visitor in transit visa is not compulsory for a single entry visitor in transit visa. However, the single entry visa should have sufficient validity to allow the applicant to complete the journey with a reasonable margin to allow for unforeseen travel delays.

 

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VAT8.8 What is the visa endorsement for visitors in transit?

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

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VAT8.9 Examples of refusal wordings

Wording for refusals: Section 1-5

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VAT8.10 Do visitors in transit have full rights of appeal?

No.

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VAT8.11 What is the 24 hour Transit Without Visa (TWOV) concession?

Only an Immigration Officer has discretion outside the Rules to allow visa nationals to transit the UK without requiring them to hold a visa for that purpose.

The waiver does not apply to nationals of countries required to hold Direct Airside Transit Visas (see below).

The ECO should explain that if the applicant fulfils the criteria below they may choose to travel without a visa.  Applicants should not be given guarantees about gaining entry.

Posts should be vigilant for applicants who may choose to apply for a Commonwealth or Overseas Territory visa, and then utilise the TWOV concession and transit the UK, solely in order to evade Biometrics capture and subsequently seek to remain in the UK.  Posts should  advise UK Border Agency, Visa Services Directorate, Control Quality team, WH4.7, Foreign and Commonwealth Office, King Charles Street, London SW1A 2AH, of any rise in suspected cases.

 

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VAT8.12 What are the criteria for TWOV?

The requirement to hold a visa is normally waived for passengers whose name does not appear on a watch list and who are travelling through the UK by air, and whose sole intention is to pass in transit through the UK (such passengers may travel by road or rail between 2 airports in the UK) if:

  • they have a confirmed booking on a flight departing within 24 hours to their country of destination;
  • they have the necessary documents (visa/passport) to gain entry at that destination, and transit visas for any country(ies) en route which require them.

 

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VAT8.13 Who else is covered by TWOV?

Passengers on calling ships
As a concession, the requirement for a visa where the ship is used as a hotel and the visa national intends going ashore, may be waived in the case of the wives and children of crew members who arrive as supernumaries and who intend sailing with the ship.  (See section on Crew members for more details)

Passengers on cruise ships
Visa nationals can choose to travel without a visa when travelling as part of a cruise and continuing their journey on the same vessel providing:

  • their total stay in the UK does not exceed 24 hours
  • their nationality is eligible for a transit visa waiver

The 24 hours starts when the cruise ship arrives at a UK port and ends when the cruise ship leaves the Common Travel Area. 

Visa nationals staying on a cruise ship but going ashore for day trips therefore require visit visas.   The Immigration authorities may impose certain conditions before allowing visa nationals to enter the UK without a visa.  Applicants should therefore check that the cruise company or agent has made arrangements with the UK immigration authorities prior to travel.

 

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VAT8.14 What is a Direct Airside Transit Visa (DATV)?

This is not an entry clearance (as described in Paragraph 33 of the Act). It is a requirement under the Asylum and Immigration Act 1993 (and the subsequent Immigration Transit Visa Order 1993) for certain nationals to hold transit visas even when they transit airside, i.e. change aircraft without passing through UK immigration controls at a UK airport.

A traveller who uses a Direct Airside Transit visa is not deemed to have entered the United Kingdom.

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VAT8.15 Who requires a DATV?

Nationals of certain countries when in transit through the UK must either obtain a Visitor in Transit Visa or, if they are remaining airside during transit (i.e. do not pass through border control) these nationals must have a Direct Airside Transit Visa.

 DATV nationals 

DATVs should not be issued to any other nationals.   

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VAT8.16 Do I collect biometric data from travellers when they apply for a DATV?

Policy under review.


 

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VAT8.17 What are the key requirements for applicants seeking DATV?

ECOs need to consider only whether the proposed route meets the following requirements for airside transit in order to issue a DATV:

  • the applicant has a confirmed onward booking on a flight leaving the same day and from the same airport as arrival in the UK (including a confirmed booking for the proposed flight to the UK);
  • the necessary documents are held (passport/visa) to gain entry to the country of onward destination;
  • there is no change of airport;
  • no need to pass through immigration control;
  • the Republic of Ireland is not the next destination (DATVs should not be issued to visa nationals en route to the Republic of Ireland);
  • it is the applicant’s intention to so proceed;
  • the transit does not involve an overnight stay.

If the applicant does not meet these criteria, the ECO needs to decide whether or not it is appropriate to advise the applicant to apply for another type of entry clearance and pay the appropriate fee.

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VAT8.18 What type of applications should I treat with caution?

The ECO should look carefully at applications with unusual routings or destinations. It is standard practice to make decisions about DATV applications on papers.

The ECO needs to be satisfied that the:

  • the applicant does intend to proceed to their country of final destination;
  • the reason for choosing such a routing is reasonable and credible; and
  • the applicant’s reasons for travelling to the final destination are credible; and that
  • the applicant will be admissible in the country of final destination.

The ECO should refuse applications where they have doubts about any of the above, and include comprehensive notes on Proviso justifying the decision.  Only with ECM approval can an applicant be called for an interview. 

An example of an unusual routing is when there is no obvious need to transit London, e.g. an applicant travelling from South East Asia to the Middle East via London.  

Similarly an unusual final destination where the applicant cannot give a plausible explanation for travelling to that country may result in a refusal e.g. many Caribbean and Latin American countries do not have visa requirements for Chinese, South Asian and African nationalities. The ECO will need to be satisfied that the applicant truly intends to proceed to the country of final destination and is admissible there.

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VAT8.19 What is the validity period for a DATV?

The minimum period of validity is 1 month and the maximum is 2 years.

ECOs have discretion to determine the validity of the visa within set limits, depending on the applicant’s travel details.  The minimum period of validity is 1 month and the maximum is 2 years. ECOs should issue first time travellers a DATV valid for 3 months and regular travellers (e.g. those on business) with the maximum validity of 2 years.  If an applicant qualifies for a DATV valid for 1 – 2 years, the applicant may want to consider opting for a visitor’s visa instead.

A DATV is valid for any number of journeys within its validity

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VAT8.20 What is the visa endorsement for DATV?

A: DIRECT AIRSIDE TRANSIT LTE up to 3 months Code 3

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VAT8.21 What is the information handout to be issued with the DATV?

For issue with every DATV the following information handout should be reproduced locally and, where appropriate, translated into the local language:

 Information handout on Direct Airside Transit Visas
(to be produced locally)

A Direct Airside Transit Visa is valid for a same day airside transit through a single United Kingdom airport.

A Direct Airside Transit Visa is not valid for:

a. entry to the UK; or
b. journeys to the Common Travel Area (Republic of Ireland, Channel Islands & the Isle of Man); or
c. journeys arriving at one UK airport and leaving from another; or
d. overnight stays in normal circumstances;
e. passing through UK Immigration control to collect baggage.

If you need to pass through UK Immigration control to change airports, or if you need to re-check baggage to your final destination, or leave the airport for any reason, you need a different type of UK visa.

It is very important that if your ticket is changed for any reason, you check that you still qualify for a Direct Airside Transit Visa. If in doubt please check with the nearest British Mission. Airlines may refuse to carry passengers in possession of the wrong type of visa.



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VAT8.22 What is the passport endorsement for a refused DATV?

In the applicant’s passport use the “ECAF” stamp underlined with the letters “DAT” written above. 

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VAT8.23 Do DATV applicants have the right of appeal?

No. A DATV is not an entry clearance and does not attract a right of appeal against refusal. Although there is no statutory requirement to do so, a standard notice of refusal (produced locally) should be given to all applicants who are refused.

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VAT8.24 DATV refusal notice

 Notice of refusal for Direct Airside Transit Visas
(to be produced locally)

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VAT8.25 Points on processing a DATV

A separate application form is required from each applicant who will need to supply one photograph.

Post should retain separate statistics of the number of direct airside transit visas issued, refused and withdrawn, together with the time taken to process applications.

Application forms should be stored in date order, retained for two years and then destroyed.

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The official British Government website for visa services

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