Exempt from requirement to have a UK visa
Some foreign nationals are exempt from immigration control even though they do not have the right of abode in the UK. The main provisions for exemption are contained in Sections 8 (2), 8 (3) and 8 (4) of the Immigration Act 1971.
If you are in one of the categories exempt from immigration control you do not need to meet the stringent requirements of the UK immigration.
Do visa nationals who are exempt need a visa?
Any person who is exempt from immigration control does not require prior entry clearance. However, it is strongly advised that visa nationals obtain an exempt vignette before travelling to the UK to avoid unnecessary delays on arrival.
Do people who are exempt need to give their biometric data?
People who are exempt from immigration control are not required to give their biometric data.
How to deal with an application for an exempt vignette
Ideally applications for exempt vignettes should be made on the relevant visa application form (VAF). However a Note Verbale, which is a diplomatic communication prepared in the third person and unsigned, may be accepted in place of a VAF provided it gives sufficient information including the designation of the officer, length of posting and accompanying family members. This VAF concession may also be extended to diplomats travelling on private visits. When a Note Verbale is submitted with no application form, a member of the visa section should complete a VAF. ECOs should ensure that people holding diplomatic, official or service passports meet one of the requirements in EXM4 Who is exempt from immigration control.
How can an exempt vignette application be refused?
It is not possible to apply the provisions of the Immigration Rules to people who are not subject to UK legislation. Any decision to deny an exempt vignette must be made in accordance with the provisions of the relevant international framework, such as the Vienna Convention on Diplomatic Relations 1961. In cases like this you should consult with DMIOU and the Foreign and Commonwealth Office’s geographical department concerned. You should include detailed reasons why it is felt that the diplomat or their dependant should not be provided with an exempt vignette.
Who is exempt from immigration control in the UK
Sovereigns, Heads of State or Heads of ex-Reigning Houses, who are personae gratae to HMG whether travelling officially or privately
Members of their family forming part of their household and their private servants are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18
Members of the diplomatic, administrative, technical and service staff and career consular officers of States recognised by HMG that are accredited to a the UK.
Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.
As a matter of policy, diplomats travelling through the UK to or from a country where they are accredited.
An exempt vignette should be issued valid for six months. Members of their family forming part of their household are also exempt from immigration control.
Serving Government Ministers (or equivalent, such as Governor Generals) of states recognised by HMG travelling to the UK on the official business of their government.
Posts may issue two-year exempt vignettes to people in this category. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.
Employees of international organisations based, or with offices, in the UK who have been recruited overseas, as well as representatives and officials of the International Organisations listed when travelling to the UK in their official capacity on the official business of that organisation.
See list of international organisations whose employees qualify for exempt entry clearance, which is available from this guidance page.
Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.
Other people forming part of the official party or delegation of (e) Serving Government Ministers or equivalent and (f) Employees of International Organisations, for example, civil servants, secretaries, and interpreters.
An exempt vignette should be valid for the period of the visit as stated in the accompanying application.
Care should be taken to ensure that all people named in the official party are employees of the sending state. Journalists, businessmen or other people not employed by the sending state that are included in official parties are not exempt from immigration control and must meet the requirements of the Immigration Rules as business visitors.
Commonwealth or Overseas Territories citizens who are selected for training in the UK Armed Services.
The MoD will normally confirm to Posts directly that an applicant has been selected. Where an applicant produces a letter from the MoD, ECOs should confirm its authenticity with the originator.
Dependants of members of the armed forces are not exempt from immigration control. (see EXM8 – Dependants of members of the Armed Forces below).
Members of Commonwealth and NATO armed forces (see Visiting Forces Act for full list of countries that qualify) posted for service in the UK or attending training courses either at a military establishment or with a UK firm.
People in this category should be granted an exempt vignette valid for the period of the training or posting.
Dependants of members of the armed forces are not exempt from immigration control.
People serving or posted for service as a member of an international headquarters or defence organisation.
People accepted as arms control personnel under the Vienna Document 1992 (Conference on Security and Co-operation in Europe) and the Conventional Armed Forces in Europe Treaty 1992.
The main issuing post is Vienna. People in this category should be granted an exempt vignette valid for two years.
