Visitors in transit

This guidance is based on the Immigration Rules

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Guidance Visitors in transit - V 6.0

Valid from 19 March 2013

Visitors in transit About this guidance

About this guidance Key facts Entry or extension requirements Granting or refusing Immigration Rules, paragraphs 47 50 This guidance tells you how to consider applications for visitors in transit under paragraphs 47-50 of the Immigration Rules. For more information on the Immigration Rules paragraphs 47-50, see related link: Immigration Rules paragraphs 40-56Z. A visitor in transit is: A passenger who will pass through the UK within 48 hours, but who arrives at one port or airport, and needs to transfer to another port or airport to continue their journey. A passenger who will pass through the UK within 48 hours, and who wishes to spend the time between their arrival and embarkation outside the transit area. Or Any through transit passenger who is presented to the Border Force officer. Members of the crew of a ship, aircraft, hovercraft, hydrofoil, or train are not covered by the Immigration Rules as visitors in transit. There are no provisions within the Immigration Rules to grant: indefinite leave to remain (settlement) in any of the visitor categories entry to the UK as a dependant of a visitor. A dependant or family member will need to qualify in their own right in one of the visitor categories. Changes to this guidance This page tells you what has changed since the previous version of this guidance. Contact This page tells you who to contact for help if your senior caseworker or line manager cant answer your question. Page 2 of 30 Guidance Visitors in transit - V 5.0 Valid from 7 February 2013 In this section Changes to this guidance Contacts Information owner Related links Links to staff intranet removed External links Immigration Rules paragraphs 40-56Z

Information owner This page tells you about this version of the guidance and who owns it. Safeguard and promote child welfare This page explains your duty to safeguard and promote the welfare of children and tells you where to find out more information.

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Guidance Visitors in transit - V 5.0

Valid from 7 February 2013

Key facts: Visitors in transit

This page lists the key facts for visitors in transit. Category: Visitors in transit. Eligibility requirements Note: members of the crew of a ship, aircraft, hovercraft, hydrofoil or train are not covered by the Immigration Rules as visitors in transit. The applicant must: be in transit to a country outside the common travel area have both the means and the intention of travelling at once to another country be certain of entry to that country intend and be able to leave the UK within 48 hours show that the sole purpose of their journey is to transit the UK. Application forms Applications made outside the UK VAF1H Extension (within UK) FLR (O) Indefinite leave to remain not applicable Fees for UK Border Agency services Only for visa nationals. See Immigration Rules Appendix 1 for a list of visa nationals. Applicants can come to the UK in transit to a country outside the common travel area (CTA) either: with a visitor in transit visa, or under the transit without visa (TWOV) concession, or with a direct airside transit visa (DATV). No

Cost of application: Entry clearance mandatory?

Is biometric information required for applications made in the UK? Code of leave to enter or remain granted

For non-visa nationals accepted by the Border Force officer as being genuinely in transit: B - VISITOR IN TRANSIT. LTE 48 HOURS CODE 3 For people qualifying under the 24 hour Transit without visa (TWOV) concession: B - VISITOR IN TRANSIT. LTE 24 HOURS CODE 3 For people with a direct airside transit visa (DATV): A: DIRECT AIRSIDE TRANSIT

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Entry clearance endorsements Conditions of leave to enter or remain How long is leave to enter or remain normally granted for?

See code of leave to enter or remain granted above. No work or study allowed. No recourse to public funds.

48 hours for non visa nationals. 24 hours for visa nationals who qualify under the TWOV concession. Any applications for an extension of stay beyond 48 hours will be refused. Are dependants allowed? No dependants must qualify as a visitor in transit in their own right. Work and study allowed? No Is switching into this category No allowed? Does this category lead to No settlement (indefinite leave to remain)? Is knowledge of language No and life required? CID case type Visitors (in transit) EC Visitors (in transit) - LTE Immigration Rules Paragraphs 47-50 (visitor in transit). paragraphs

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Visitors in transit Changes to this guidance

About this guidance Key facts Entry or extension requirements Granting or refusing This page lists changes to the visitor in transit guidance, with the most recent at the top. Related links Visitor in transit without visa (TWOV) concession Nationalities who require a direct airside transit visa TWOV and DATV abuse Key facts: o Code of leave to enter or remain granted, some codes have been changed o How long is leave to enter or remain normally granted for?, second bullet point, after qualify under the TWOV concession has been added o Are dependants allowed? has been changed to No dependants must qualify as a visitor in transit in their own right Visitor in transit without visa (TWOV) concession: o new sub-heading The transit without a visa concession and first and fifth paragraphs are new Nationalities who require a direct airside transit visa (DATV): o new page TWOV and DATV abuse: o sub-heading Abuse of the TWOV concession, new second paragraph o sub-heading Abuse of DATV, new second and Page 6 of 30 Guidance Visitors in transit - V6.0 valid from 19 March 2013 Exemptions from airside transit visa (DATV) Grant or refuse entry clearance Grant or refuse entry at UK port Refusing a direct airside transit visa Refusal wording Links to staff intranet removed See also

Date of change 19 March 2013 7 February 2013

Details of change Six month review by the modernised guidance team No changes made Change request: The visitor in transit pages have been removed from general grounds for refusal and inserted into this guidance.

1 October 2012

third paragraph Exemptions from the airside transit visa (DATV): o new page Grant or refuse entry clearance: o sub-heading Direct airside transit visa, validity added to code change Grant or refuse entry at UK port: o sub-heading granting transit without visa (TWOV) and DATV concession has been changed to Granting leave to enter under the transit without visa (TWOV) concession o new second paragraph o statistical code, DATV has been removed Refusing a direct airside transit visa: o second paragraph has been deleted o sub-heading DATV applicants right of appeal last paragraph has been deleted Refusal wording: o table Inability to meet cost of return or onward journey, refusal wording changed Minor housekeeping changes. Change request: Key facts: o Conditions of leave to enter or remain changed to No work or study allowed. No recourse to public funds.

Contacts Information owner External links Immigration Rules paragraphs 40-56Z

14 August 2012

For the 14 August 2012 changes you will need to access version 3.0 which is now archived. See related link: Visitors in transit archive. For the 16 February 2012 changes you will need to access

16 February 2012

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version 2.0 which is now archived. See related link: Visitors in transit archive. 02 August 2011 Completely revised by the non- PBS operational policy temporary migration team and the modernised guidance team.

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Visitors in transit Entry or extension requirements

About this guidance Key facts Entry or extension requirements Granting or refusing This section tells you the requirements an applicant must meet to gain entry to the UK, or an extension of stay (leave to remain), in the visitor in transit category. When considering an application you must check that: the application is valid the applicant's passport or travel document is genuine the applicant meets the requirements of the category there are no general grounds for refusal. In this section Evidence needed for a visitor in transit Validity period: single and multi visit visas Holders of non-national refugee documents Visitor in transit without visa (TWOV) concession Direct airside transit visa (DATV) TWOV and DATV abuse Exemptions from the direct airside transit visa (DATV) Nationalities who require a direct airside transit visa (DATV)

For more information, see related links: Specified application forms and procedures IDI - passports & travel documents General grounds for refusal. Requirements for a grant of leave under the Immigration Rules Under paragraph 47 of the Immigration Rules, a visitor in transit to another country must: be in transit to a country outside the common travel area have both the means and the intention of proceeding at once to another country be assured of entry there intend and be able to leave the UK within 48 hours, and show that the sole purpose of their journey is to transit the UK.

A visitor in transit is: Related links a passenger who will pass through the UK within 48 hours, but who arrives at one port or airport and needs to transfer to another port or airport to continue their journey, or Links to staff intranet a passenger who will pass through the UK within 48 hours, and who wishes to spend removed

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the time between their arrival and embarkation outside the transit area, or any through transit passenger who is presented to the Border Force officer.

External links Immigration Rules paragraphs 40-56Z Immigration Rules paragraphs 320-324

Depending on the circumstances, a person can transit: with a visitor in transit visa under the transit without visa (TWOV) concession with a direct airside transit visa (DATV). For more information, see links in this section: Evidence needed for a visitor in transit Visitor in transit without a visa (TWOV) concession Common travel area Direct airside transit visa (DATV).

If a passenger decides to use the TWOV concession, they must not remain in the UK for more than 24 hours. Extension requirements The maximum leave which can be given to a visitor in transit is 48 hours. A person admitted for less than 48 hours may extend their stay as a visitor in transit up to the maximum 48 hours permitted by the Immigration Rules. You must grant an extension up to this maximum, unless there is good reason to refuse. Any application for an extension of stay beyond 48 hours will be refused. The applicant will have a right of appeal if refused, providing their application was made in-time and they are left without any leave as a result. For more information on general grounds for refusal see related links: General grounds for refusal Immigration Rules paragraphs 320-324.

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Visitors in transit Evidence needed for a visitor in transit

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you what evidence you must check to see if an applicant meets the entry requirements for the visitor in transit category. You must satisfy yourself that the person: has documentary evidence to show the earliest onward passage from the UK has been booked, and it is within 48 hours (or 24 hours if using the transit without visa concession) of arrival has a valid visa for the country they are travelling to, if needed, or documentary evidence of acceptability in that country is not expecting to make use of the transit without visa (TWOV) concession when they are not entitled to, and does not require a direct airside transit visa (DATV). Information on who requires a DATV can be accessed using the related link: Nationalities who require a direct airside transit visa (DATV) If a persons travel document does not guarantee return to their country of residence and they intend to transit through the UK on their return journey, you must ask to see: In this section Validity period: single and multi visit visas Holders of non-national refugee documents Visitor in transit without visa (TWOV) concession Direct airside transit visa (DATV) Nationalities who require a direct airside transit visa (DATV)

a re-entry visa or permit allowing them to return to their country of residence, valid for a TWOV and DATV abuse period covering the proposed journey as accurate an indication as possible of the itinerary, date, and means of travel for the External links return as well as for the outward journey. Immigration Rules You must check that a person travelling by air and seeking entry in transit without a transit paragraphs 40-56Z visa, is not a national of a country which requires a direct airside transit visa (DATV).

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Visitors in transit Validity period: single and multi visit visas

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about the validity period of visitor in transit visas. Single entry visitor in transit visas These visas are valid for use up to six months after their issue date if: you are satisfied a person can safely be granted a visa that is valid for more than six months, or they are likely to wish to remain longer than 48 hours in the UK. You must point out to them that they can apply in some other category of visitor, as this would allow them greater flexibility. The single entry visa must be valid for long enough to allow the applicant to complete the journey with a reasonable margin to allow for unforeseen travel delays. Multiple visitor in transit visa A person will qualify for a multiple visitor in transit visa as long as their passport and visa for the country of destination are still valid for at least two months after the expiry of the multiple entry visa. This will allow the applicant to transit the UK any number of times within the period for which the visa is valid. The two month rule for the multiple entry visa is not compulsory for a single entry visa. You must always remind the person of the conditions attached to the visa. The visa will not be valid for entry to the UK if these conditions are not met on each journey through the UK. For more information on multiple visas, see related links: Multi-entry visas. In this section Evidence needed for a visitor in transit Holders of non-national refugee documents Visitor in transit without visa (TWOV) concession Direct airside transit visa (DATV) TWOV and DATV abuse Related links Links to staff intranet removed External links Immigration Rules paragraphs 40-56Z

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Visitors in transit Holders of non-national refugee documents

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about the visa requirements for holders of non-national refugee documents. You must refer to the nationality of the person, and not the country where the non-national refugee document was issued, for a passenger who wishes to transit the UK using a direct airside transit visa (DATV). The refugee document will tell you the country a person was originally a national of by stating it as: the country they are not allowed to return to, and/or their country of birth. Although not conclusive evidence of their true nationality, this information will be enough to allow you to decide whether: the person requires a DATV or an entry visa, or if they qualify for the transit without visa (TWOV) concession. If their nationality is one which requires a DATV, they are not entitled to use the TWOV concession. A list of these countries can be accessed using the related link: Nationalities who require a direct airside transit visa (DATV). In this section Evidence needed for a visitor in transit Validity period: single and multi visit visas Visitor in transit without visa (TWOV) concession Direct airside transit visa (DATV) TWOV and DATV abuse Related links Nationalities who require a direct airside transit visa (DATV) External links Immigration Rules paragraphs 40-56Z

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Visitors in transit Visitors in transit without visa (TWOV) concession

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about the transit without visa (TWOV) concession. The transit without a visa concession The need for visa nationals or holders of non-national documents to have a visa may be waived for passengers who arrive by air, whose only intention is to pass in direct transit through the UK. This concession only applies when: They have a confirmed booking on a flight departing within 24 hours to their country of destination. They have the relevant documents for entry for that country and transit visas for any country on the way which requires them. Their names do not appear in the UK Border Agency security checks. For a list of visa national countries, see related link: Immigration Rules: Appendix 1. TWOV and DATV abuse Transit passengers are allowed to travel by road or rail between two airports in the UK. Related links Only a Border Force officer has discretion outside the rules to allow visa nationals to transit the UK without requiring them to hold a visa for that purpose. There is no guarantee of right of entry to the UK. The TWOV concession does not apply to nationals of countries required to hold direct airside transit visas (DATV). For further guidance, see related links: Nationalities who require a direct airside transit visa (DATV) Exemptions from the direct airside transit visa (DATV). If you are dealing with a person who has yet to travel, you must: Make them aware if they are entitled to travel without a visa under the TWOV Page 14 of 30 Guidance Visitors in transit - V6.0 valid from 19 March 2013 Nationalities who require a direct airside transit visa (DATV) Exemptions from the direct airside transit visa (DATV) Links to staff intranet removed External links In this section Evidence needed for a visitor in transit Validity period: single and multi visit visas Holders of non-national refugee documents Direct airside transit visa (DATV)

concession. Explain the Border Force officer at the port of arrival in the UK may still refuse entry if they have concerns about a passenger. There is no guarantee of right of entry to the UK. This page must be read together with the following pages, see related links: Nationalities who require a direct airside transit visa (DATV) Exemptions from the direct airside transit visa (DATV).

Immigration Rules paragraphs 40-56Z Immigration Rules: Appendix 1

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Visitors in transit Direct airside transit visa (DATV)

About this guidance Key facts Entry or extension requirements Granting or refusing This page explains about the direct airside transit visa (DATV). Nationals of certain countries are required to hold a DATV even when they transit airside. This means if they change aircraft without passing through UK immigration controls at a UK airport. A traveller who uses a DATV is considered not to have entered the UK. See related link for a list of nationalities: Nationalities who require a direct airside transit visa (DATV) A DATV is not an entry clearance and an application for DATV is not considered under the Immigration Rules. A separate application form and one photograph are required from each applicant. Key requirements for a person seeking a DATV In order to issue a person with a DATV, you must be satisfied that they: have a confirmed onward booking on a flight leaving the same day and from the same airport they arrived at in the UK, hold the documents necessary for them to be assured of entry to the country of onward destination do not intend to change airport do not need to pass through immigration control do not need to pass through UK Immigration control to collect luggage do not have as their next destination anywhere within the common travel area including the Republic of Ireland, DATVs must not be issued to visa nationals travelling to the Republic of Ireland or to anywhere within the common travel area do not propose an overnight stay during the period of transit. If the person cannot meet these conditions, you must decide whether or not it is appropriate to advise the applicant to apply for entry clearance, rather than DATV, and pay the appropriate fee. Page 16 of 30 Guidance Visitors in transit - V6.0 valid from 19 March 2013 Visitor in transit without visa (TWOV) concession TWOV and DATV abuse Nationalities who require a direct airside transit visa (DATV) Exemptions from the direct airside transit visa (DATV) External links Immigration Rules paragraphs 40-56Z In this section Evidence needed for a visitor in transit Validity period: single and multi visit visas Holders of non-national refugee documents

Validity period of a DATV The minimum period of validity is one month and the maximum is two years. A DATV is valid for any number of journeys within the period of validity. You have discretion to vary the period of validity of the DATV within set limits, depending on the applicants travel details, as follows: first time travellers must be issued a DATV valid for three months regular travellers, for example, those on business, must be issued with a DATV with the maximum validity of two years. If an applicant qualifies for a DATV valid for between one and two years, you may want to suggest that they consider applying for a visitor visa instead of a DATV. Every applicant issued with a DATV must be given the information handout which must be reproduced locally and, if appropriate, translated into the local language. For a copy of the handout see related link: Information handout VAT8.21. You must 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 must be stored in date order, retained for two years and then destroyed. For more information on who requires a DATV see related links: Nationalities who require a direct airside transit visa (DATV) Exemptions from the direct airside transit visa (DATV)

Information handout VAT8.21

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Visitors in transit Nationalities who require a direct airside transit visa (DATV)
Transit without visa concession (TWOV) Direct airside transit visa (DATV) required Direct airside transit visa (DATV) not required Direct airside transit visa (DATV) required Calling ships This page tells you which nationalities require a direct airside transit visa (DATV). The transit without a visa (TWOV) concession does not apply to nationals of the countries listed below. The most recent additions to this list were made in the Immigration (Passenger Transit Visa) (Amendment) Order 2012: Afghanistan, Albania, Algeria, Angola Bangladesh, Belarus, Bolivia, Burma (Myanmar), Burundi Cameroon, China (Peoples republic of), Colombia, Democratic Republic of the Congo (Zaire) Congo (Brazzaville) Ecuador, Egypt, Eritrea, Ethiopia Gambia, Ghana, Guinea, Guinea-Bissau India, Iran, Iraq, Ivory Coast, Jamaica Kenya, Kosovo, Lebanon, Lesotho, Liberia, Libya, Macedonia (former Republic of Yugoslavia) Malawi, Moldova, Mongolia, Montenegro Nepal, Nigeria Pakistan, Palestinian Territories, Rwanda Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Swaziland, Syria Tanzania, Turkey, Turkish Republic of Northern Cyprus Uganda, Venezuela, Vietnam, Yemen, Yugoslavia and Zimbabwe. Nationals of the above countries need a UK direct airside transit visa (DATV) even when they transit airside without passing through immigration control. See related link: Exemptions from the direct airside transit visa (DATV). Related links Exemptions from the direct airside transit visa (DATV) External links Immigration Rules: General grounds for refusal - Paragraph 320

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Visitors in transit Exemptions from the direct airside transit visa (DATV)
Transit without visa section (TWOV) Direct airside transit visa (DATV) required Direct airside transit visa (DATV) not required Direct airside transit visa (DATV) required Calling ships This page explains when passengers seeking entry, who require a direct airside transit visa (DATV), are free from this rule. Passengers do not need a DATV if they hold, or a person with whom they arrived in the UK holds on their behalf a: valid visa or electronic travel authority for entry to Australia, Canada, New Zealand or the USA and also: o has a valid airline ticket for travel through the UK, and o is part of a journey from another country or territory to the country for which the visa is held valid visa or Electronic Travel Authority for entry to Australia, Canada, New Zealand or the USA and also: o a valid airline ticket for travel to the UK o is part of a journey from the country for which the visa is held to another country or territory valid airline ticket for travel through the UK as part of a journey from Australia, Canada, New Zealand or the USA to another country or territory: o as long as the transit passenger does not seek to transit the UK on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the USA with a valid visa for entry to that country valid USA I-551 permanent resident card issued on or after 21 April 1998 valid Canadian permanent resident card issued on or after 28 June 2002 valid common format category D visa for entry to an European Economic Area (EEA) State (refers to people with limited leave as, for example, students and employment) valid common format residence permit issued by an EEA State in line with council regulation (EC) No. 1030/2002 diplomatic or service passport issued by the Peoples Republic of China diplomatic or official passport issued by India diplomatic or official passport issued by Vietnam. Related links Nationalities who require a direct airside transit visa (DATV) Visitor in transit without visa (TMOV) concession Direct airside transit visa (DATV) External links Immigration Rules: General grounds for refusal - Paragraph 320

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A passenger is free from the DATV requirement if they: Have a valid USA immigrant visa packet (form 155A or 155B). Have an expired I-551 permanent resident card which was issued on or after 21 April 1998 and they also have an I-797 letter issued by the Bureau of Citizenship which allows the I-551 to be extended. Are recognised as stateless under the 1954 United Nations (UN) convention relating to the status of stateless persons. They do not need a DATV and may travel without a visa. A passenger is not free from the DATV rules if they have a: I-512 parole letter or an I-797C (notice of action) instead of a valid USA visa transportation letter instead of a valid USA permanent residence card issued on or after 21 April 1998 valid travel document with a USA ADIT stamp which says Processed for I-551 TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL. EMPLOYMENT AUTHORISED. USA visa foil endorsed category YY or ZZ and endorsed This is not a visa , and the foil prepared at DHS request non-national (including refugee) travel document are determined to be originally from a DATV country (unless they are free from the need for a DATV because of one of the exemptions above).

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Visitors in transit TWOV and DATV abuse

About this guidance Key facts Entry or extension requirements Granting or refusing This page advises on matters relating to abuse of the transit without visa (TWOV) concession and the direct airside transit visa (DATV) when dealing with visitors or passengers in transit. Any concerns over a rise in cases of abuse must be notified to UK Border Agency Visa Services Directorate. Visa Customer Services Visa Services Directorate International Group UKBA c/o Lunar House 40 Wellesley Road Croydon CR9 2BY Abuse of the TWOV concession The TWOV concession can be abused by those seeking to enter and remain in the UK, while evading biometrics information capture. Border Force officers must make sure passengers are genuinely in transit before granting entry. Abuse of DATV You must look carefully at applications with unusual routings or destinations. For example: when there is no obvious need to transit London, for example an applicant travelling from South East Asia to the Middle East passing through London an unusual final destination and the applicant has no plausible explanation for travelling to that country. For example many Caribbean and Latin American countries do not have visa requirements for Chinese, South Asian and African nationalities and bookings might be made simply to enable the person to land and claim asylum in the UK. Page 21 of 30 Guidance Visitors in transit - V6.0 valid from 19 March 2013 In this section Evidence needed for a visitor in transit Validity period: single and multi visit visas Holders of non-national refugee documents Visitor in transit without visa (TWOV) concession Direct airside transit visa (DATV) External links Immigration Rules paragraphs 40-56Z Immigration Rules paragraphs 7-39A Immigration Rules Appendix 1: visa requirements for the UK

You must be satisfied that: they intend to proceed to their country of final destination the reason for choosing such a routing is reasonable and credible the reasons for travelling to the final destination are credible they will be admissible in the country of final destination.

You must refuse an application if you doubt any of the above, and you must include comprehensive notes on Proviso justifying the decision.

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Visitors in transit Granting or refusing

About this guidance Key facts Entry or extension requirements Granting or refusing This section tells you about granting or refusing an application to come to, or a request to enter, the UK from a visitor in transit. In this section Grant or refuse entry clearance Grant or refuse entry at UK port Refusing a direct airside transit visa Refusal wording Related links Links to staff intranet removed Direct airside transit visa (DATV) External links Immigration Rules paragraphs 40-56Z

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Visitors in transit Grant or refuse entry clearance

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about granting or refusing an application for entry clearance in the visitor in transit category. Grant entry clearance You must grant entry clearance if the applicant: meets all the requirements of paragraph 47 of the Immigration Rules, and none of the general grounds for refusal in paragraph 320 apply. Length of leave for visitor in transit visas Up to 48 hours. 'B - VISIT IN TRANSIT'. LTE 48 HOURS CODE 3. The endorsement must be valid from the date the applicant intends to travel to the UK. Direct airside transit visas (DATV) A: DIRECT AIRSIDE TRANSIT (validity) Refusing entry clearance When the applicant has not provided the required evidence that they meet all the requirements of paragraph 47, or if any of the general grounds for refusal in paragraph 320 apply, you must refuse the application. For information on refusing a DATV see related link: Refusing a direct airside transit visa. Direct airside transit visa (DATV) External links Immigration Rules paragraphs 40-56Z DATV refusal notice VAT8.24 In this section Grant or refuse entry at UK port Refusing a direct airside transit visa Refusal wording Related links Links to staff intranet removed

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Visitors in transit Grant or refuse entry at UK port

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about granting or refusing an application for entry at a UK port in the visitor in transit category. Granting: Non-visa nationals You must grant leave to enter on code 3 for 48 hours. If you are concerned that a non-visa national does not have complete onward travel arrangements, you can either: refuse leave to enter, or exceptionally grant leave to enter because you are satisfied that the person intends to proceed and is assured of entry at their destination. In this case you must grant leave to enter on code 3 for 48 hours. Statistical code: IT for persons in transit who have no other reason for entering. In this section Grant or refuse entry clearance Refusing a direct airside transit visa Refusal wording Related links Evidence needed for a visitor in transit

Links to staff intranet Granting leave to enter under the transit without visa (TWOV) concession Visa nationals in transit, who benefit from the transit without a visa (TWOV) concession must removed always be given leave to enter on code 3 for 24 hours. Holders of non-national refugee documents Direct airside transit visa (DATV) holders cannot be granted leave to enter the UK as their visa is for transiting airside only. Anyone seeking leave to enter the UK who only holds a External links DATV visa must be refused leave to enter. Statistical code: ITC for persons in transit who meet the terms of the TWOV concession. Cancellation of an in transit visa Where a passenger seeking entry in this capacity holds an entry clearance for this purpose, you must consider cancellation only under paragraph 321A. Refusing general notes Page 25 of 30 Guidance Visitors in transit - V6.0 valid from 19 March 2013 Immigration Rules paragraphs 40-56Z Immigration Rules paragraphs 320-324 DATV refusal notice

 Non visa nationals without an entry clearance, who do not meet the requirements of paragraph 47of the Immigration Rules, must be refused leave to enter under paragraph 49 of the Immigration Rules. Visa nationals without an entry clearance who do not qualify for the transit without visa concession must be refused under paragraph 320(5) of the Immigration Rules. Anyone holding visitor in transit visas must be treated as having entry clearance. If general grounds for refusal are to be used, you must refer to paragraph 321A (general grounds for refusal) in the Immigration Rules. If you are considering refusing entry at a port of entry on grounds that are not specific to visitors, refer to the information on the different types of refusal that are available. See related links: General grounds for refusal. Refusing - on-entry refusal codes A6 - Transit passenger, not satisfied able and intending to proceed at once to another country where they are assured of entry. K1 - Cancelled entry clearance that confers leave to enter. Removal directions You must take one or other of the following actions where a person fails to satisfy the criteria of paragraph 47 of the rules: if the passenger is on the outbound leg of their journey, you must set refusal directions back to the point of embarkation if the passenger was in direct transit through the last point of embarkation, you must arrange removal to the place where they commenced their journey you can use your discretion on a case by case basis to remove a passenger to the country they are seeking to transit to if you believe the person will be accepted there.

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Visitors in transit Refusing a direct airside transit visa

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you what you need to do when refusing direct airside transit visa (DATV) applications. Passport endorsement for a refused direct airside transit visa (DATV) You must stamp the persons passport using the entry clearance applied for (ECAF) stamp and write the letters DAT above. DATV applicants - right of appeal A DATV is not an entry clearance and does not have a right of appeal against refusal. Although there is no statutory requirement to do so you must give a standard notice of refusal to all applicants you refuse. A DATV refusal notice can be produced locally on UK Border Agency headed paper. For the wording of the notice see related link: DATV refusal notice VAT8.24. A refusal does not have a substantive right of appeal and form IS 82A must be used. In this section Grant or refuse entry clearance Grant or refuse entry at UK port Refusal wording Related links Links to staff intranet removed Direct airside transit visa (DATV) External links Immigration Rules paragraphs 40-56Z DATV refusal notice VAT8.24

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Visitors in transit Refusal wording

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you the refusal wordings to use when you are refusing entry to a visitor in transit. If you are not satisfied a person meets the requirements for entry you must refuse under paragraph 49, using the most appropriate wording from paragraph 47 of the rules. Some examples are: Reason you are not satisfied the person meets the requirements Inability to meet cost of return or onward journey No means and/or intention to proceed to another country No assurance of entry to another country Intention or ability to leave UK within 48 hours Refusal wording Refusing a direct airside transit visa ... but I am not satisfied that you are able to meet the cost of your onward journey. ... but I am not satisfied that you have both the means and the intention of proceeding at once to another country. ... but I am not satisfied that you are assured of entry there. ... but I am not satisfied that you intend and are able to leave the United Kingdom within 48 hours. Related links Links to staff intranet removed External links Immigration Rules paragraph 40-56Z In this section Grant or refuse entry clearance Grant or refuse entry at UK port

A person who is refused entry has only a limited right of appeal. If you are considering refusing entry at a port of entry on grounds that are not specific to visitors, you can find further information by using the related link: General grounds for refusal.

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Visitors in transit Contact

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you who to contact for more help with a specific case in the visitor in transit category. If you have read paragraphs 40-56Q (visitors) of the Immigration Rules as well as this guidance and still need more help, you must first ask your senior caseworker, line manager, or duty Border Force manager. If the question cannot be answered at that level, you may email: Non-PBS operational policy team, for guidance on policy. See related link. For entry clearance officers email UKBAIG ECO support. (ECCCAT). See related link. For Border Force officers email Border Force policy implementation, UK Border Agency (BFPI) enquiries. See related link. Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending, you must contact the non-PBS operational policy team, who will ask the MGT to update the guidance, if appropriate. The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the related link: Email: Modernised guidance team. External links Immigration Rules paragraphs 40-56z Links to staff intranet removed Related links See also Changes to this guidance Information owner

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Visitors in transit Information owner

About this guidance Key facts Entry or extension requirements Granting or refusing This page tells you about this version of the visitors in transit guidance and who owns it. Version Valid from date Policy owner Cleared by director Directors role Clearance date 27 November 2012 This version approved for Jan Hunter publication by Approvers role Acting assistant director, modernised guidance team Approval date 19 March 2013 6.0 19 March 2013 Non PBS operational policy team, Sheffield Sonia Dower Kevin Franklin Director, operational policy and rules Director, Border operations and change Changes to this guidance Contacts External links Links to staff intranet removed Immigration Rules paragraphs 40-56Z Related links See also

Changes to this guidance can only be made by the modernised guidance team (MGT). If you think the policy content needs amending, you must contact the non-(PBS operational policy team (see related link), who will ask the MGT to update the guidance. The MGT will accept direct feedback on broken links, missing information or the format, style and navigability of this guidance. You can send these using the related link: Email: Modernised guidance team.

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