The Immigration (Passenger Transit Visa) Order 2003 (revoked)

Statutory Instruments

2003 No. 1185

IMMIGRATION

The Immigration (Passenger Transit Visa) Order 2003

Made

30th April 2003

Laid before Parliament

1st May 2003

Coming into force

2nd May 2003

In exercise of the powers conferred upon him by section 41 of the Immigration and Asylum Act 1999 M1 the Secretary of State hereby makes the following Order:

Marginal Citations

M1 1999 c. 33.

Citation, commencement and interpretation U.K.

1.  This order may be cited as the Immigration (Passenger Transit Visa) Order 2003 and shall come into force on 2nd May 2003.

2.—(1) Subject to paragraph (4), in this Order a “ transit passenger” means a person to whom [F1 paragraph (2), (3) F2 [F3 ... or (3B)]] 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:

(a) the purported “Turkish Republic of Northern Cyprus”;

(b) the former Socialist Republic of Yugoslavia;

(c) the former Federal Republic of Yugoslavia; or

(d) the former Zaire.

F4 [F5 ( 3A )]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (3B) This paragraph applies to a person who holds a passport issued by the Republic of Venezuela that does not contain biometric information held in an electronic chip.]

(4) A person to whom [F7 paragraph (2), (3) F8 [F9 ... or (3B)]] applies will not be a transit passenger if he:

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

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

(c) in the case of a national or citizen 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.

(5) In [F10 this Order] “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 M3 as adjusted by the Protocol signed at Brussels on 17th March 1993 M4 .

Textual Amendments

F1 Words in art. 2(1) substituted (3.3.2009) by Immigration (Passenger Transit Visa) (Amendment) Order 2009 (S.I. 2009/198), arts. 1, 2(2)(a)

F2 Word in art. 2(1) omitted (1.7.2009) by virtue of Immigration (Passenger Transit Visa) (Amendment) (No.4) Order 2009 (S.I. 2009/1233), arts. 2(2), 3(3)

F3 Words in art. 2(1) substituted (19.5.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.4) Order 2009 (S.I. 2009/1233), arts. 2(1), 3(2)

F4 Art. 2(3A) omitted (1.7.2009) by virtue of Immigration (Passenger Transit Visa) (Amendment) (No.3) Order 2009 (S.I. 2009/1229), arts. 2(3), 4(3)

F5 Art. 2(3A) inserted (3.3.2009) by Immigration (Passenger Transit Visa) (Amendment) Order 2009 (S.I. 2009/198), arts. 1, 2(2)(b)

F6 Art. 2(3B) inserted (18.5.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.3) Order 2009 (S.I. 2009/1229), arts. 2(2), 4(2)

F7 Words in art. 2(4) substituted (3.3.2009) by Immigration (Passenger Transit Visa) (Amendment) Order 2009 (S.I. 2009/198), arts. 1, 2(2)(a)

F8 Word in art. 2(4) omitted (1.7.2009) by virtue of Immigration (Passenger Transit Visa) (Amendment) (No.4) Order 2009 (S.I. 2009/1233), arts. 2(2), 3(3)

F9 Words in art. 2(4) substituted (19.5.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.4) Order 2009 (S.I. 2009/1233), arts. 2(1), 3(2)

F10 Words in art. 2(5) substituted (16.10.2003) by Immigration (Passenger Transit Visa) (Amendment No.2) Regulations 2003 (S.I. 2003/2628), arts. 1, 2(2)

Marginal Citations

M2 1971 c. 77.

M3 OJ L1, 3.1.94, p. 3.

M4 OJ L1, 3.1.94, p. 571.

Requirement for a transit passenger to hold a transit visa U.K.

3.   [F11 Subject to article 3A, a] transit passenger is required to hold a transit visa.

Textual Amendments

F11 Words in art. 3 substituted (16.10.2003) by Immigration (Passenger Transit Visa) (Amendment No.2) Regulations 2003 (S.I. 2003/2628), arts. 1, 2(3)

[F12 Exemption from the requirement for a transit passenger to hold a transit visa U.K.

3A.— (1) 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 [F13 Australia, Canada, New Zealand or the United States of America] and a valid airline ticket for travel via the United Kingdom [F14 as part of a journey] from another country or territory to the country in respect of which the visa is held;

[F15 (ab) a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;]

[F16 (b) a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to travel via the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;]

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

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

(e) a valid common format Category D visa for entry to an EEA State;

(f) a valid common format residence permit issued by an EEA State pursuant to Council Regulation ( EC ) No. 1030/2002 ;

(g) a diplomatic or service passport issued by the People’s Republic of China; or

(h) a diplomatic or official passport issued by India.

(i) [F17 a diplomatic or official passport issued by Vietnam.]

F18 ( 2 )]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 3A inserted (16.10.2003) by Immigration (Passenger Transit Visa) (Amendment No.2) Regulations 2003 (S.I. 2003/2628), arts. 1, 2(4)

F13 Words in art. 3A(1)(a) substituted (9.3.2005) by Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I. 2005/492), arts. 1, 2(2)(a)

F14 Words in art. 3A(1)(a) inserted (13.5.2004) by Immigration (Passenger Transit Visa) (Amendment) Order 2004 (S.I. 2004/1304), arts. 1, 2(2)(a)

F15 Art. 3A(1)(ab) inserted (9.3.2005) by Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I. 2005/492), arts. 1, 2(2)(b)

F16 Art. 3A(1)(b) substituted (9.3.2005) by Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I. 2005/492), arts. 1, 2(2)(c)

F17 Art. 3A(1)(i) inserted (13.5.2004) by Immigration (Passenger Transit Visa) (Amendment) Order 2004 (S.I. 2004/1304), arts. 1, 2(2)(c)

F18 Art. 3A(2) revoked (13.5.2004) by Immigration (Passenger Transit Visa) (Amendment) Order 2004 (S.I. 2004/1304), arts. 1, 2(2)(d)

Method of application for a transit visa U.K.

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

Revocations U.K.

5.  The Orders M5 specified in Schedule 2 to this Order are hereby revoked.

Marginal Citations

M5 The Orders in question were made under section 1A of the Immigration (Carriers Liability) Act 1987 (c. 24); section 1A was inserted by section 12(1) and (3) of the Asylum and Immigration Act 1993 (c. 23) and was repealed by Schedule 16 to the Immigration and Asylum Act 1999 (“the 1999 Act”). Notwithstanding this repeal the Orders continued to have effect as if made under section 41of the 1999 Act by virtue of section 17(2)(b) of the Interpretation Act 1978 (c. 30).

Beverley Hughes

Minister of State

Home Office

Article 2

[F19 SCHEDULE 1 U.K. COUNTRIES OR TERRITORIES WHOSE NATIONALS OR CITIZENS NEED TRANSIT VISAS

Textual Amendments

F19 Sch. 1 substituted (16.10.2003) by Immigration (Passenger Transit Visa) (Amendment No.2) Regulations 2003 (S.I. 2003/2628), arts. 1, 2(5), Schs.

• Afghanistan

• Albania

• Algeria

• Angola

• Bangladesh

• Belarus

• [F20 Bolivia]

• Burma

• Burundi

• Cameroon

• F21 ...

• [F22 Congo]

• Democratic Republic of the Congo

• Ecuador

• [F23 Egypt]

• Eritrea

• Ethiopia

• Former Yugoslav Republic of Macedonia

• Gambia

• Ghana

• [F24 Guinea]

• [F24 Guinea-Bissau]

• India

• Iran

• Iraq

• Ivory Coast

• [F25 Jamaica]

• [F26 Kenya]

• Lebanon

• [F27 Lesotho]

• Liberia

• [F28 Libya]

• [F29 Malawi]

• Moldova

• [F30 Mongolia]

• Nepal

• Nigeria

• Pakistan

• Palestinian Territories

• People’s Republic of China

• Rwanda

• Senegal

• Serbia and Montenegro

• Sierra Leone

• Somalia

• [F31 South Africa]

• [F32 South Sudan]

• Sri Lanka

• Sudan

• [F33 Swaziland]

• [F34 Syria]

• [F35 Tanzania]

• Turkey

• Uganda

• Vietnam

• [F36 Yemen]

• Zimbabwe]

Textual Amendments

F20 Word in Sch. 1 inserted (18.5.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.3) Order 2009 (S.I. 2009/1229), arts. 2(2), 4(4)(a)

F21 Word in Sch. 1 omitted (3.7.2014) by virtue of The Immigration (Passenger Transit Visa) (Amendment) Order 2014 (S.I. 2014/1513), arts. 1(2), 2(2)

F22 Word in Sch. 1 inserted (9.3.2005) by Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I. 2005/492), arts. 1, 2(3)(a)

F23 Word in Sch. 1 inserted (3.4.2012) by The Immigration (Passenger Transit Visa)(Amendment)(No. 2) Order 2012 (S.I. 2012/771), arts. 1(2), 2(2)(a)

F24 Words in Sch. 1 inserted (9.3.2005) by Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I. 2005/492), arts. 1, 2(3)(b)

F25 Word in Sch. 1 inserted (3.3.2009) by Immigration (Passenger Transit Visa) (Amendment) Order 2009 (S.I. 2009/198), arts. 1, 2(3)

F26 Word in Sch. 1 inserted (13.5.2004) by Immigration (Passenger Transit Visa) (Amendment) Order 2004 (S.I. 2004/1304), arts. 1, 2(3)(a)

F27 Word in Sch. 1 inserted (1.7.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.3) Order 2009 (S.I. 2009/1229), arts. 2(3), 4(4)(b)

F28 Word in Sch. 1 inserted (3.4.2012) by The Immigration (Passenger Transit Visa)(Amendment)(No. 2) Order 2012 (S.I. 2012/771), arts. 1(2), 2(2)(b)

F29 Word in Sch. 1 inserted (2.3.2006) by Immigration (Passenger Transit Visa) (Amendment) Order 2006 (S.I. 2006/493), arts. 1, 2

F30 Word in Sch. 1 inserted (9.3.2005) by Immigration (Passenger Transit Visa) (Amendment) Order 2005 (S.I. 2005/492), arts. 1, 2(3)(c)

F31 Word in Sch. 1 inserted (1.7.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.3) Order 2009 (S.I. 2009/1229), arts. 2(3), 4(4)(c)

F32 Words in Sch. 1 inserted (10.2.2012) by The Immigration (Passenger Transit Visa) (Amendment) Order 2012 (S.I. 2012/116), arts. 1(2), 2(2)

F33 Word in Sch. 1 inserted (1.7.2009) by Immigration (Passenger Transit Visa) (Amendment) (No.3) Order 2009 (S.I. 2009/1229), arts. 2(3), 4(4)(d)

F34 Word in Sch. 1 inserted (3.4.2012) by The Immigration (Passenger Transit Visa)(Amendment)(No. 2) Order 2012 (S.I. 2012/771), arts. 1(2), 2(2)(c)

F35 Word in Sch. 1 inserted (13.5.2004) by Immigration (Passenger Transit Visa) (Amendment) Order 2004 (S.I. 2004/1304), arts. 1, 2(3)(b)

F36 Word in Sch. 1 inserted (14.7.2011) by The Immigration (Passenger Transit Visa)(Amendment) Order 2011 (S.I. 2011/1553), arts. 1(2), 2(2)

Article 5

SCHEDULE 2 U.K. REVOCATIONS

(1)	(2)
Orders revoked	References
The Immigration (Transit Visa) Order 1993	S.I. 1993/1678
The Immigration (Transit Visa) (Amendment) Order 1998	S.I. 1998/55
The Immigration (Transit Visa) (Amendment No. 2) Order 1998	S.I. 1998/1014
The Immigration (Transit Visa) (Amendment) Order 2000	S.I. 2000/1381
The Immigration (Transit Visa) (Amendment) Order 2002	S.I. 2002/825
The Immigration (Transit Visa) (Amendment No. 2) Order 2002	S.I. 2002/2758

Explanatory Note

(This note is not part of the Order)

This Order is made under section 41 of the Immigration and Asylum Act 1999 and requires transit passengers to hold a transit visa (article 3). A transit passenger is a person who on arrival in the United Kingdom passes through to another country or territory without entering the United Kingdom (article 2(1)) and is either a citizen or national of one of the countries listed in Schedule 1 (article 2(2)) or holds a travel document issued by the purported “Turkish Republic of Northern Cyprus”, the former Federal Republic of Yugoslavia, the former Socialist Republic of Yugoslavia or the former Zaire (article 2(3)). However, a person will not be a transit passenger in accordance with article 2(2) or (3) if that person has a right of abode under the Immigration Act 1971, is an EEA national or, in the case of a national or citizen 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 (article 2(4)). The Order also makes provision regarding the making of an application (article 4).

In addition, the Order revokes the Orders listed in Schedule 2 (article 5). The contents of those Orders are reflected in this Order which makes equivalent provision, with the following modifications. The Schedule of countries whose citizens or nationals require a transit visa if they travel through the United Kingdom in transit to another country is expanded to include the People’s Democratic Republic of Algeria. Additionally, the categories of person who hold travel documents issued by specified countries and territories and who require a transit visa as a result is expanded to include the former Federal Republic of Yugoslavia and the former Zaire.