Explanatory note

This Order amends the Immigration (Passenger Transit Visa) Order 2003 (“the 2003 Order”). The 2003 Order requires, subject to certain exemptions, a transit passenger (as defined) to obtain a transit visa when passing through the United Kingdom from one country or territory on his way to another country or territory.

The amendment made by article 2(2)(a) amends article 3A(1)(a) to clarify that a passenger who intends to travel from another country or territory via the United Kingdom as part of a journey to Canada or the United States and who holds the documents set out in that article is exempted from the need for a transit visa.

Article 2(2)(b) substitutes a new paragraph (b) in article 3A of the 2003 Order. This new paragraph provides that a transit passenger who holds, or has held on his behalf, a valid airline ticket for travel via the United Kingdom as part of a journey from Canada or the United States of America to another country will not require a transit visa, provided that he does not seek to travel via the United Kingdom on a date more than six months from the date on which he last entered Canada or the United States of America with a valid visa for entry to that country. As a result, the definition of “valid visa” which appeared in article 3A(2) of the 2003 Order is revoked by article 2(2)(d).

Article 2(2)(c) inserts a new exemption from the need to hold a transit visa which applies to those holders of a diplomatic or official passport issued by Vietnam.

Article 2(3) adds Kenya and Tanzania to the countries listed in Schedule 1 to the 2003 Order as being countries or territories whose nationals or citizens do need a transit visa.