Explanatory Notes

Immigration and Asylum Act 1999

1999 CHAPTER 33

11 November 1999

Commentary on Sections

Part II: Carriers’ liability

Section 41: Visas for transit passengers

149.This section replaces section 1A of the Immigration (Carriers’ Liability) Act 1987.

150.Subsection (1) gives the Secretary of State the power to lay an order before Parliament to require transit passengers (ie those people who are travelling through the United Kingdom without entering it on their way to their ultimate destination – eg who remain airside) to hold a transit visa.

151.Subsection (3)(b) states that someone who has the right of abode in the United Kingdom (ie someone who has the right to live in the United Kingdom and who is not subject to immigration control) cannot be required to have a transit visa.

152.Subsection (3)(c) allows the Secretary of State to provide for an exemption from the requirement to obtain a transit visa for certain categories of person, for example, people possessing a residence permit of an EU Member State.