Do I need a visa if I’m transiting through a UK airport to another flight?

If you are travelling to the UK solely for the purpose of taking a connecting flight or other mode of transport to another country, you may need a transit visa.

The rules about who needs a visa and who doesn’t when transiting through the UK can be a little confusing because it depends on whether you’re transiting airside or landside, your nationality and whether you hold a particular type of visa for another country. We will cover all of this in this post.

Airside versus landside

First, a quick note about the terminology used, as this distinction rarely comes up in immigration law.

When a passenger transits through an airport but doesn’t go through border control, essentially remaining within the plane-side part of the airport, this is called transiting airside and they are not deemed to have entered the UK. At present, only two airports in the UK have transit facilities that allow passengers to stay airside: Heathrow and Manchester, though not every transit through these airports will be airside.

Conversely, transiting landside is where a passenger transits through an airport or other port and has to go through border control on the way to their connecting flight (or other mode of transport outside the UK). This might be because they need to re-check their baggage or even leave the airport, whether this is because the flight is from another airport, they are departing from another port such as the Eurostar terminal, or because the connecting flight is the next day and they are staying in a hotel overnight.

Passengers with UK visas

Passengers transiting through a UK airport who have a valid visa do not require a visa or ETA for transiting through the UK.

This includes those who have or are applying for a standard visit visa or a marriage/civil partnership visa, as transit is a permitted activity for both visas, as set out in Appendix Visitor: Permitted Activities.

Non-visa nationals

Non-visa nationals are people with a nationality that exempts them from having to apply for a visit visa before entering the UK. Non-visa nationals are basically all nationalities other than the ones on this list. Instead, they must usually apply for an Electronic Travel Authorisation (ETA) prior to travelling.

However, with respect to transiting through a UK airport, the government has announced that the requirement to have an ETA will be temporarily waived for people in this position, as long as they transit airside and do not pass border control:

Following feedback from the aviation industry, the government has agreed a temporary exemption for passengers who transit airside, and therefore do not pass through UK border control.

This move will primarily affect Heathrow and Manchester airports, as the only UK airports which currently offer transit facilities. The exemption will be kept under review.

We don’t know how long this exemption will apply. Non-visa nationals who transit landside — that is to say, they pass through border control and can leave the airport before returning for their connecting flight — will still need an ETA before travelling.

Visa nationals with specific non-UK visas transiting landside: Transit Without Visa Scheme

Visa nationals are people with a nationality on this list who normally have to apply for and be granted a visit visa under Appendix V: Visitor before they can enter the UK. However, the rules for transiting are slightly different and certain visa nationals are not required to apply for a transit visa, provided the following requirements are met which are found in Appendix Visitor: Transit Without Visa Scheme.

The passenger must:

(a) have arrived in the UK by air and will be departing by air; and

(b) be genuinely in transit to another country, meaning the purpose of their visit is to transit the UK and that the applicant is taking a reasonable transit route; and

(c) not access public funds or medical treatment, work or study in the UK; and

(d) genuinely intend and be able to leave the UK before 23:59 hours on the day after the day when they arrived; and

(e) have a confirmed booking on a flight departing the UK before 23:59 hours on the day after the day when they arrived; and

(f) be assured entry to their country of destination and any other countries they are transiting through on their way there.

They must also meet one of the following requirements relating to their destination and non-UK immigration status:

TWOV 3. The applicant must also:

(a) be travelling to or from (or on part of a reasonable journey to or from) Australia, Canada, New Zealand or the USA and have a valid visa for that country; or

(b) be travelling from (or on part of a reasonable journey from) Australia, Canada, New Zealand or the USA and it is less than 6 months since he last entered that country with a valid entry visa; or

(c) hold a valid permanent residence permit issued by either:

(i) Australia; or

(ii) Canada, issued after 28 June 2002; or

(iii) New Zealand; or

(d) hold a valid USA, I-551 permanent resident card issued on or after 21 April 1998; or

(e) hold a valid USA I-551 temporary immigrant visa (a wet-ink stamp version will not be accepted); or

(f) hold an expired USA I-551 permanent resident card issued on or after 21 April 1998, provided it is accompanied by a valid I-797 letter authorising extension of the period of permanent residency; or

(g) hold a valid standalone US immigration form 155A/155B attached to a sealed brown envelope; or

(h) hold a valid common format residence permit issued by an EEA state (pursuant to Council Regulation (EC) No. 1030/2002) or Switzerland; or

(i) hold a valid uniform format category D visa for entry to a state in the European Economic Area (EEA) or Switzerland; or

(j) be travelling on to the Republic of Ireland and have a valid Irish biometric visa; or

(k) be travelling from the Republic of Ireland and it is less than three months since the applicant was last given permission to land or be in the Republic by the Irish authorities with a valid Irish biometric visa.

TWOV.5 states that the Home Office will not accept any electronic versions of the documents listed above, such as electronic visas, even if they are provided with printed copies.

The appendix also states that (a) and (b) don’t apply to Syrian nationals holding a B1 or B2 US visa, both of which are types of visit visa.

Where a passenger meets the above criteria, they do not need a visa to transit landside, and just have to produce the required evidence at border control. They are then free to leave the airport, if they choose, and continue their journey.

It is unclear what happens if the passenger is subsequently unable to leave the UK before 11.59pm on the day after their arrival, such as in the case of a delayed connecting flight. However, given that the passenger in question would be trying to leave the UK rather than remain here longer, and this has never come up in my casework, it seems likely that border control would take a pragmatic approach in these situations. Give me a shout if this has happened to you (or your client) and this hasn’t been the case.

Presumably, non-visa nationals who are transiting landside also qualify for this scheme, as these rules were drafted before the ETA rules were enacted and haven’t been updated since, though it will almost always be easier to instead get an ETA before travelling.

Visa nationals transiting airside: Direct Airside Transit Visa

All other visa nationals who will be transiting airside need to apply for a Direct Airside Transit Visa.

As these individuals aren’t deemed to enter the UK when transiting, their circumstances fall outside of the immigration rules and they do not require permission to enter or stay in the UK. Instead, the applicable law can be found in the Asylum and Immigration Act 1999, and the Immigration (Passenger Transit Visa) Order 2014.

This applies to nationals of the countries listed in Schedule 1 of the Immigration (Passenger Transit Visa) Order 2014. Some of the countries on the list include Afghanistan, Albania, Algeria, Bangladesh, Egypt, Eritrea, Ethiopia, Ghana, India, Iran, Iraq, Jamaica, Libya, Nigeria, Pakistan, China, Rwanda, South Africa, Sri Lanka, Sudan, Syria, Turkey, Vietnam, Yemen and Zimbabwe.

You also need to apply for this visa if you hold a travel document issued by the Turkish Republic of Northern Cyprus or if you hold a Venezuelan passport that is not a biometric one.

The Home Office uses the following factors to decide these applications (from this guidance):

• entry or visa requirements for destination depending on applicant’s nationality – refer to Travel Information Manual or embassy websites

• if needed, does the applicant have a valid visa or entry clearance for the country they are travelling to or documentary evidence of acceptability in that country

• the credibility of the application as a whole:
  • the main purpose of the journey
  • the applicant’s circumstances, including travel history
• confirmed onward bookings in the applicant’s name from the same airport as they arrived at

• details and availability of connecting flights

• destination

• reasonable transit route:
  • is it reasonable for an individual to be travelling from the country of origin to their destination through the UK
  • the Home Office does not specify what routes are acceptable for this

• purpose, however there should be a clear reason for why they are travelling through the UK, such as it forming part of a journey from east to west
  • an example of an unreasonable transit route may be an individual travelling from Australia to New Zealand, seeking to transit through the UK
  • on their way to another destination country outside the common travel area (CTA)
• is there evidence to suggest that an applicant intends to attempt to enter the UK (for example to work, study, access medical treatment or public funds)
  
• any local intelligence or results of checks

The guidance also states what they require for an application to be granted:

• they genuinely intend to transit the UK airside
• they intend to proceed to their country of final destination
• the reason for choosing such a routing is reasonable and credible
• the reasons for travelling to the final destination are credible
• they will be admissible in the country of final destination (and on the return
• journey if transiting through the UK)
• they can remain airside in transit – for example, passengers cannot remain
• airside at some airports

There are no other reasons why it would be inappropriate to issue a DATV such as criminal history, previous deception or breaches of UK immigration law – you can use the suitability requirements in Part Suitability as a guide, but you cannot refuse under these rules as DATVs are not governed by the immigration rules (see DATV: refuse a visa for more details).

The visa can be granted for different durations:

You have discretion to vary the period of validity of the DATV within set limits,

depending on the applicant’s travel details, as follows:

• first time travellers must be issued a DATV valid for 3 months
• regular travellers, for example those on business, can routinely be issued with a DATV with a validity of the maximum of two years if the ECO is satisfied that there is a continuing need to transit the UK airside

In exceptional circumstances, the passenger may be permitted limited entry into the UK:

In exceptional circumstances, for example where a passenger’s flight has been cancelled, it may be necessary to allow the passenger to enter the UK landside and in such cases you should consider granting leave outside the rules (LOTR) in line with the Border Force guidance on LOTR.

A decision in the case of exceptional wider disruption to travel is usually taken by National Command Centre (NCC), who will advise on granting leave to enter if you are satisfied that the passenger left their port of embarkation with the means and intention of travelling onwards and not entering the UK.

It costs £39 to apply.

Visa nationals transiting landside: Visitor in Transit Visa

Those who are transiting landside need to apply for a Visitor in Transit visa, which costs £70.

The rules for this visa are found in V 14.2 of Appendix V: Visitor. To qualify, the applicant must intend to leave within 48 hours of arrival. If the layover is longer than 48 hours or if you’re transiting through the UK regularly, you can instead apply for a standard visit visa. The rules say the following criteria must be met:

V 14.2. An applicant applying for entry clearance or permission to enter as a Transit Visitor must satisfy the decision maker that they:

(a) are genuinely in transit to another country outside the Common Travel Area, meaning the main purpose of their visit is to transit the UK (passing through immigration control) and that the applicant is taking a reasonable transit route; and

(b) will not access public funds or medical treatment, work or study in the UK; and

(c) genuinely intend and are able to leave the UK within 48 hours after their arrival; and

(d) are assured entry to their country of destination and any other countries they are transiting on their way there.

You will also need to meet the usual visitor requirements and not fall afoul of the Part Suitability.

If successful, you will likely be granted a multiple-entry six month transit visa, though you will only be permitted to spend 48 hours in the UK at any given time. However, some people will be granted a single-entry six month visa, if they, for example, only has limited validity left on their visa for their destination country.

How to apply for a transit visa

In both cases, you will need to fill in a form and provide a valid passport. If you’re not a national of the country you’re travelling to, you will need to provide one of the following for that country:

• residence permit
• Green Card
• valid visa

If you’re not a resident of that country either, you should provide information about the purpose of your trip and where you will be staying. It’s also a good idea to provide evidence of your onward flight, such as:

• a flight booking email
• a ticket or boarding pass, either printed or on your phone
• confirmation from a travel agent

You will need to bring the visa and documents with you when you travel.

As usual, you will need to attend a Visa Application Centre (VAC) to enrol your biometrics, whether applying for the Direct Airside Transit visa or the Visitor in Transit one.

Longer transit periods and frequent travel

If you are transiting through the UK and intend to leave the country more than 48 hours after your arrival, and you aren’t eligible for an ETA, you will need to apply for a standard visitor visa. You can only get a visit visa for the purpose of transiting through the UK if your stay is limited to 48 hours under V 14.2 so in all other cases, you will need to show that you are a genuine visitor to the UK and not solely travelling to the UK to transit.

Travellers who frequently transit through the UK can consider applying for a long-term standard visit visa, such as a five-year visit visa.