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Statutory Instruments

2014 No. 2702

Immigration

The Immigration (Passenger Transit Visa) Order 2014

Made

8th October 2014

Laid before Parliament

16th October 2014

Coming into force

1st December 2014

M1 The Secretary of State, in exercise of the powers conferred by section 41 of the Immigration and Asylum Act 1999 , makes the following Order:

Citation and commencement

1. —(1) This Order may be cited as the Immigration (Passenger Transit Visa) Order 2014.

(2) This Order comes into force on 1st December 2014.

Interpretation

2. —(1) Subject to paragraph (5), in this Order a “ transit passenger ” means a person to whom [F1 paragraph (2), (3), (4) or (4A) F1] applies and who on arrival in the United Kingdom passes through to another country or territory without entering the United Kingdom.

(2) This paragraph applies to a person who is a citizen or national of a country or territory listed in Schedule 1 to this Order.

(3) This paragraph applies to a person holding a travel document issued by the purported “Turkish Republic of Northern Cyprus”.

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

[F2 (4A) This paragraph applies to a person who holds—

(a) a passport; or

(b) another document that can be used (in some or all circumstances) instead of a passport;

which does not establish citizenship or nationality F2] .

(5) A person to whom paragraph (2), (3) or (4) applies will not be a transit passenger if he—

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

(b) F3 is a citizen or national of an EEA State; ...

(c) in the case of a citizen or national of the People's Republic of China, holds a passport issued by either the Hong Kong Special Administrative Region or the Macao Special Administrative Region [F4 ; or

(d) is a citizen or national of the territory of Taiwan. F4]

(6) In this Order—

Approved Destination Status Scheme ” means a scheme for issuing visas to Chinese tour groups under—

(a)

M3 the Memorandum of Understanding between the European Community and the National Tourism Administration of the People's Republic of China on visa and related issues concerning tourist groups from the People's Republic of China (ADS) signed at Beijing on 12th February 2004 ; or

(b)

a similar agreement between the People's Republic of China and a Schengen Acquis State;

[F5Convention Travel Document” means a document issued in accordance with Article 28 of—

(a)

the 1951 United Nations Convention Relating to Status of Refugees done at Geneva on 28th July 1951 as amended by the New York Protocol of 31st January 1967; or

(b)

the 1954 United Nations Convention on the Status of Stateless Persons done at New York on 28th September 1954. F5]

M4,M5 EEA State ” means a country which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;

F6 Schengen Acquis State ” means an EEA State (excluding the ... Republic of Ireland) or Switzerland.

Requirement for a transit passenger to hold a transit visa

3. Subject to article 4, a transit passenger is required to hold a transit visa.

Exemption from the requirement for a transit passenger to hold a transit visa

4. [F7—(1)F7] A transit passenger is not required to hold a transit visa if he holds or a person with whom he arrives in the United Kingdom holds on his behalf—

(a) a valid visa for entry to Australia, Canada, New Zealand or the United States of America;

[F8 (aa) an expired visa for entry to Australia, Canada, New Zealand or the United States of America provided it is less than six months since the transit passenger last entered that country with a valid visa; F8]

(b) a valid Australian Permanent Resident Visa;

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

(d) a valid New Zealand Permanent Resident Visa;

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

(f) an expired USA I-551 Permanent Resident Card provided it is accompanied by a valid I-797 letter authorising an extension of the period of permanent residency;

[F9 (g) a valid temporary USA I-551 machine readable immigrant visa; F9]

(h) a valid standalone US Immigration Form 155A/155B attached to a brown sealed envelope;

(i) a valid common format Category D visa for entry to an EEA state or Switzerland;

(j) M6 a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No 1030/2002 or Switzerland;

(k) a valid biometric visa issued by the Republic of Ireland;

(l) a valid visa issued by a Schengen Acquis State under the Approved Destination Status Scheme where the transit passenger is undertaking a journey via the [F10 United Kingdom to that F10] Schengen Acquis State;

(m) a valid airline ticket for travel via the United Kingdom as part of a journey from a Schengen Acquis State to another country or territory, provided that the transit passenger does not seek to travel via the United Kingdom on a date more than 30 days from the date on which he last entered a Schengen Acquis State with a valid visa issued by a Schengen Acquis State under the Approved Destination Status Scheme;

(n) a [F11 valid F11] diplomatic or service passport issued by the People's Republic of China;

(o) F13 a [F12 valid F12] diplomatic or official passport issued by India; ...

(p) a [F14 valid F14] diplomatic or official passport issued by Vietnam.

[F15 (q) a valid diplomatic passport issued by Turkey;

[F16 (qa) a valid diplomatic passport issued by South Africa; F16]

(r) a valid alien’s passport issued by Estonia or Latvia;

(s) a valid Convention Travel Document; or

(t) a valid laissez-passer issued by the United Nations or the International Committee of the Red Cross. F15]

[F17 (2) Paragraph (1)(a) [F18 and (1)(aa) F18] shall not apply where the transit passenger is a citizen or national of Syria holding a B1 or B2 visa for entry to the United States of America. F17]

[F19 (3) All documents listed in this article exclude versions held—

(a) in electronic format; or

(b) in hardcopy format which derives from electronic format

except where the document can be verified by the owner of the aircraft (or his employee or agent) in which the transit passenger intends to travel to the United Kingdom. F19]

Method of application for a transit visa

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

Revocations

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

James Brokenshire

Minister of State

Home Office

Article 2(2)

SCHEDULE 1 Countries or territories whose nationals or citizens need transit visas

Article 6

SCHEDULE 2 Revocations

Orders Revoked References
The Immigration (Passenger Transit Visa) Order 2003 S.I. 2003/1185
The Immigration (Passenger Transit Visa) (Amendment) Order 2003 S.I. 2003/2628
The Immigration (Passenger Transit Visa) (Amendment) Order 2004 S.I. 2004/1304
The Immigration (Passenger Transit Visa) (Amendment) Order 2005 S.I. 2005/492
The Immigration (Passenger Transit Visa) (Amendment) Order 2006 S.I. 2006/493
The Immigration (Passenger Transit Visa) (Amendment) Order 2009 S.I. 2009/198
The Immigration (Passenger Transit Visa) (Amendment) (No. 3) Order 2009 S.I. 2009/1229
The Immigration (Passenger Transit Visa) (Amendment) (No. 4) Order 2009 S.I. 2009/1233
The Immigration (Passenger Transit Visa) (Amendment) Order 2011 S.I. 2011/1553
The Immigration (Passenger Transit Visa) (Amendment) Order 2012 S.I. 2012/116
The Immigration (Passenger Transit Visa) (Amendment) (No. 2) Order 2012 S.I. 2012/771
The Immigration (Passenger Transit Visa) (Amendment) Order 2014 S.I. 2014/1513
Status: There are outstanding changes not yet made by the editorial team to The Immigration (Passenger Transit Visa) Order 2014. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Immigration (Passenger Transit Visa) Order 2014 (2014/2702)
Version from: [subject to the status notice] 11 September 2024

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Words in art. 2(1) substituted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(2) substituted
F2 Art. 2(4A) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(3) inserted
F3 Word in art. 2(5)(b) omitted (24.4.2015) by virtue of The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(4) omitted
F4 Art. 2(5)(d) and word inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(5) inserted
F5 Words in art. 2(6) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(6) inserted
F6 Words in art. 2(6) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745) , regs. 1(2) , 37 ; 2020 c. 1 , Sch. 5 para. 1(1) omitted
F7 Art. 4 renumbered as art. 4(1) (17.3.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order2015 (S.I. 2015/657) , arts. 1(2) , 2(13) renumbered
F8 Art. 4(1)(aa) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(7) inserted
F9 Art. 4(1)(g) substituted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(8) substituted
F10 Words in art. 4(1)(l) substituted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(9) substituted
F11 Word in art. 4(1)(n) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(10) inserted
F12 Word in art. 4(1)(o) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(10) inserted
F13 Word in art. 4(1)(o) omitted (24.4.2015) by virtue of The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(11) omitted
F14 Word in art. 4(1)(p) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(10) inserted
F15 Art. 4(1)(q)-(t) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(12) inserted
F16 Art. 4(1)(qa) inserted (10.8.2015) by The Immigration (Passenger Transit Visa) (Amendment) (No. 2) Order 2015 (S.I. 2015/1534) , arts. 1(2) , 2(2) inserted
F17 Art. 4(2) inserted (17.3.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order2015 (S.I. 2015/657) , arts. 1(2) , 2(13) inserted
F18 Words in art. 4(2) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(14) inserted
F19 Art. 4(3) inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order 2015 (S.I. 2015/657) , arts. 1(2) , 2(15) inserted
F20 Word in Sch. 1 omitted (24.4.2015) by virtue of The Immigration (Passenger Transit Visa) (Amendment) Order2015 (S.I. 2015/657) , arts. 1(2) , 2(16)(a) omitted
F21 Word in Sch. 1 inserted (20.7.2023) by The Immigration (Passenger Transit Visa) (Amendment) Order 2023 (S.I. 2023/824) , arts. 1(2) , 2(3) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F22 Words in Sch. 1 inserted (12.5.2022) by The Immigration (Passenger Transit Visa) (Amendment) Order 2022 (S.I. 2022/524) , arts. 1(2) , 2(2) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F23 Word in Sch. 1 inserted (8.9.2023) by The Immigration (Passenger Transit Visa) (Amendment) (No. 2) Order 2023 (S.I. 2023/980) , arts. 1(2) , 2(2)(a) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F24 Word in Sch. 1 inserted (20.7.2023) by The Immigration (Passenger Transit Visa) (Amendment) Order 2023 (S.I. 2023/824) , arts. 1(2) , 2(4) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F25 Word in Sch. 1 inserted (11.9.2024) by The Immigration (Passenger Transit Visa) (Amendment) Order 2024 (S.I. 2024/922) , arts. 1(2) , 2(2) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F26 Word in Sch. 1 inserted (20.7.2023) by The Immigration (Passenger Transit Visa) (Amendment) Order 2023 (S.I. 2023/824) , arts. 1(2) , 2(5) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F27 Words in Sch. 1 inserted (24.4.2015) by The Immigration (Passenger Transit Visa) (Amendment) Order2015 (S.I. 2015/657) , arts. 1(2) , 2(16)(b) inserted
F28 Word in Sch. 1 inserted (8.9.2023) by The Immigration (Passenger Transit Visa) (Amendment) (No. 2) Order 2023 (S.I. 2023/980) , arts. 1(2) , 2(2)(b) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F29 Word in Sch. 1 inserted (20.7.2023) by The Immigration (Passenger Transit Visa) (Amendment) Order 2023 (S.I. 2023/824) , arts. 1(2) , 2(6) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F30 Word in Sch. 1 inserted (20.7.2023) by The Immigration (Passenger Transit Visa) (Amendment) Order 2023 (S.I. 2023/824) , arts. 1(2) , 2(7) (with art. 3 ) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
M1 1999 c. 33 .
M2 1971 c. 77 .
M3 OJ L83, 20.3.04, p. 14.
M4 OJ L1, 3.1.94, p. 3.
M5 OJ L1, 3.1.94, p. 571.
M6 OJ L157, 15.6.02, p. 1.
Defined Term Section/Article ID Scope of Application
Approved Destination Status Scheme art. 2. def_cb0a0c7a34
Convention Travel Document art. 2. def_ab9daed957
EEA State art. 2. def_8e8de8622b
Schengen Acquis State art. 2. def_3e7f8d9631
transit passenger art. 2. def_f7d62e6b74
Turkish Republic of Northern Cyprus art. 2. def_8738fb7bae

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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