Article 2 Interpretation
United Kingdom
Subject to paragraph (5), in this Order a “transit passenger” means a person to whom F1paragraph (2), (3), (4) or (4A) applies and who on arrival in the United Kingdom passes through to another country or territory without entering the United Kingdom.
This paragraph applies to a person who is a citizen or national of a country or territory listed in Schedule 1 to this Order.
This paragraph applies to a person holding a travel document issued by the purported “Turkish Republic of Northern Cyprus”.
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.
This paragraph applies to a person who holds—
a passport; or
another document that can be used (in some or all circumstances) instead of a passport;
which does not establish citizenship or nationality.
A person to whom paragraph (2), (3) or (4) applies will not be a transit passenger if he—
has the right of abode in the United Kingdom under the Immigration Act 1971 M1;
is a citizen or national of an EEA State; F3...
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 RegionF4; or
is a citizen or national of the territory of Taiwan.
In this Order—
“Approved Destination Status Scheme” means a scheme for issuing visas to Chinese tour groups under—
- (a)
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 M2; or
- (b)
a similar agreement between the People's Republic of China and a Schengen Acquis State;
- (a)
F5“Convention 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.
- (a)
“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;
“Schengen Acquis State” means an EEA State (excluding the F6... Republic of Ireland) or Switzerland.
Annotations
Textual amendments
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
Marginal citations
- M1
- M2
OJ L83, 20.3.04, p. 14.
- M3
OJ L1, 3.1.94, p. 3.
- M4
OJ L1, 3.1.94, p. 571.