House of Lords - European Union

Select Committee on European Union Written Evidence

Written evidence by Border Control Heathrow/Airline Liaison Officer's Network, Home Office

COMMITTEE VISIT TO HEATHROW & ALON—4 DECEMBER 2007

The committee posed a number of questions before the Heathrow visit and also asked supplementary questions during the visit. We have sought to answer these queries below.

1. How does the frontier control actually operate? What is the exact step- by-step process that takes place? (Passenger arrives, hands in passport, passport is scanned, etc.)

The committee observed the end to end Border Control process which included on entry checks at the primary arrivals control including the use of IRIS. They were provided with an overview of the immigration officer's role on the primary arrivals control and a forgery presentation. The Committee were also advised of pre-entry checks by Airline Liaison Officers (ALO's).

2. What is the difference in the scanning procedures for the EU entry line and the other entry line?

There is no difference as 100% of passports are checked regardless of the document held.

3. Are passports of diplomats accredited to UK scanned? Do we distinguish, or in any way treat differently, diplomatic passports (which some countries, but not the UK, issue) held by persons not accredited to the UK?

All passports are scanned including diplomatic passports, this includes diplomats accredited to the UK

4. Does the scanning process provide a permanent record of entry? If so how and by whom can this record be accessed?

Records of the inputs are kept for 12 months. However, these can be accessed by Government agencies only where such access is consistent with UK law, including the Data Protection Act 1998, the Human Rights Act 1998 and any relevant obligations the UK has under international law. For example, Government agencies may be given access to the records where necessary for the purposes of national security and prevention and detection of serious crime.

In all cases, access is via an audited trail which includes a statement of reasons for the request, which is then assessed against the purposes for which the information is sought. Information recorded includes name, nationality and date of birth.

5. Are all passports now able to be scanned electronically? If not how are those that are not readable electronically dealt with? Which countries do not have electronic passports? Do some offer more or less information than others?

Not all passports can be electronically scanned. In such cases the name of the holder will be inputted manually. Passport standards vary greatly across the world. Countries abroad are at various stages of upgrading their travel documents. A full current international status list is not available.

6. How many different kinds of entry visas to the UK are there for non-EU passport holders to the UK? (Permanent, student, work, etc.)

The categories are as follows: settlement, employment (both work permit and non-work permit categories), students, retired persons of independent means; visits (for stays of up to 6 months); EEA Family Permits; investors; persons intending to establish a business; writers, artists.

7. What visas need to be obtained ahead of time and which visas can be obtained at the border? (which countries have which visa agreements?)

A person subject to immigration control may need a visa (entry clearance) to come to the UK. There are two categories, visa nationals and non-visa nationals. There is a list of visa nationals in Appendix A.

A visa national needs entry clearance (a visa) to come to the UK. A non-visa national does not need an entry clearance to come to the UK for less than six months, but does need an entry clearance to come to the UK for more than six months or for a category in the immigration rules which require him to have entry clearance.

Some visa nationals may transit the UK without a visa; however there are circumstances where visa nationals traveling to the UK for the purpose of transiting on to another country require a Direct Airside or Visitor in Transit Visa. Appendix B refers.

It is a requirement under the immigration rules that the person applying for entry clearance must be outside the UK at the time of application.

8. Will the scan at once reveal anyone who is on the "watch list"?

The scan will immediately reveal anyone on the watch list. Even where the details of the passenger do not match exactly the watch list will show close matches.

9. What are the "red flags" that are taken into consideration when reviewing a passport?

An Immigration Officer will consider a number of issues when interviewing a passenger including the document itself, passengers conduct as well as any previous refusals of entry.

10. What proportion of individuals are taken aside for additional questioning?

Only a small percentage of passengers are required to submit to further examination.

For example in October 2007 only 0.08% of passengers arriving at Heathrow were referred for secondary examination.

11. What kind of "intelligence" is (a) revealed, and (b) recorded, by the swiping of a passport? (name, birth, country of residency, travel patterns, etc?)

The watch list is based on biographical data and generates an alert for the officer to advise that information is held on the passenger.

12. Does profiling have any place in entry checks? If not, why not? Are records made of individuals from a certain part of the world/certain religion/certain travel patterns? Does the UK use a similar system to the Passenger Name Record (PNR) system used by USA?

The routine assessment by an Immigration Officer is a form of risk assessment. The Race Relations (Amended) Act allow Ministers to authorise officials to treat nationalities differently from others.

The UK is developing a full e-borders system which will involve capturing passenger data including PNR. Some PNR data is already captured as part of the e-borders pilot Project Semaphore.

13. Is there a limit to the number of student visas/tourist visas/work permits etc. that an individual may hold?

There is no limit and an applicant may hold more than one valid entry clearance, eg a regular traveler already holding a two or five year multiple visit visa can be issued with an entry clearance for a short term work permit.

Each application is treated individually.

14. What, if any, checks are in place at the border to see if someone has previously (a) been refused entry (b) overstayed a temporary entry permit?

Watch list checks and the signaling of passports will provide the officer with relevant information.

15. What are the terms and conditions of a temporary resident permit? Terms and conditions of a student visa? Terms and conditions of a work permit, etc?

There is no set formula and the conditions vary dependant on visa.

16. If someone tries to enter the UK on an expired temporary residence permit, what happens? Are they turned away? Given a few days to collect their belongings and leave?

Each application is considered on it merits. There is discretion to grant a short period of temporary admission.

17. What happens if someone claiming to have a temporary residence permit in a LOST passport tries to enter? Are details of the "lost" permit available on-line at the border?

Immigration Officers are able to check databases for details of in-country applications and visa applications.

18. We are aware that at the moment passports are not routinely scanned on departure from Heathrow. When will this change? If passports are occasionally checked upon exit, what "intelligence" is revealed? How is it possible to establish whether a person who has been given temporary permission to enter the UK has departed if there are no routine exit checks?

E Borders will provide the capability to count and reconcile records of all those arriving in and departing from the UK. We expect to be able to count 95% of passengers entering and leaving by the end of 2010. In the meantime we will continue to mount targeted embarkation controls on an intelligence led basis or at times of emergency. At Heathrow there has been a 100% increase in embarkation checks at Heathrow since July 2007.

SUPPLEMENTARY QUESTIONS POSED DURING VISIT

How many ALO's are there worldwide?

UK ALOs are based overseas at source and transit locations which have been identified as significant points of embarkation for inadequately documented arrivals (IDAs) in the UK. Their role is to offer advice, training and expertise to airlines with a view to preventing or disrupting the carriage of IDAs.

The ALO Network has been significantly expanded since 2005 to 34 ALOs in 31 locations overseas with increased regional coverage. In 10 locations ALOs are now assisted by Deputy ALOs (DALOs). Five ALO floaters provide an additional, flexible resource and the Network is further supported by a response team based in the UK.

The activity of ALOs has played a significant part in reducing IDAs. Over the last five years the ALO Network has assisted in preventing nearly 180,000 IDAs from boarding aircraft.

In the international fora, how do we share best practice?

Border Control engages with partner services through a broad range of international fora and bilateral partnerships.

Examples include:

— Four Countries' Conference: High level engagement with USA, Canada, and Australia on border and immigration issues

— Frontex: a range of meetings from the Management Board through expanding networks on eg risk assessment to working level meetings on the planning and evaluation of joint operations

— International Border Police Conference. An annual meeting supported by working group activity throughout the year focusing on common issues/interests. More than 50 countries are 20 national and international organisations represented

— A broad range of international air transport organisations including International Civil Aviation Organisation, International Air Transport Organisation, European Civil Aviation Council

— A wide range of bilateral contacts which exist between individual UK ports and the control authorities at destination ports and airports.

— Regular meetings between managers in Border Control European Operations and their counterparts in the French, Dutch and Belgian equivalent services.

— Border control is able to promote capacity building and the sharing of best practice through:

— Participation in Frontex operations and the loan of equipment made available through the Frontex Central Register of Available Technical Equipment (CRATE).

— The involvement of BIA Learning and Development staff in Frontex training activities and in preparation of the common core curriculum for border guard training. UK involvement is regarded as being particularly useful because English is accepted as the common language of European Border guards.

— A rolling programme of training activity carried out by the BIA National Document Fraud Unit either by hosting or delivering training overseas.

— Bilateral work with non-EU states who are interested in learning from UK experience and use of technology eg in 2007 Border Control both hosted and returned a visit from the State Border Service of Azerbaijan who were particularly interested in the concept of juxtaposed controls and in the development of detection technology for use in freight searches.

What is the basic pay for an Immigration Officer?

The starting salary for an Immigration Officer working in the London area inc. Gatwick receive £20,864 per annum. Starting salary for Immigration Officers based elsewhere is £20,445 per annum. Immigration officers regardless of location receive an additional 16.5% of their wage as a shift disturbance allowance.

Appendix A: Visa requirements for the United Kingdom

1. Subject to paragraph 2 below the following persons need a visa for the United Kingdom:

(a) Nationals or citizens of the following countries or territorial entities:

Afghanistan Albania Algeria Angola Armenia Azerbaijan Bahrain Bangladesh Belarus Benin Bhutan Bosnia Herzegovina Burkina Faso Burma Burundi Cambodia Cameroon Cape Verde Central African Republic Chad People's Republic of China (except those referred to in sub-paragraphs 2(d) and (e) of this Appendix) Colombia Comoros Congo Cuba Democratic Republic of the Congo Djibouti Dominican Republic Ecuador Egypt Equatorial Guinea Eritrea	Ethiopia Fiji Gabon Gambia Georgia Ghana Guinea Guinea Bissau Guyana Haiti India Indonesia Iran Iraq Ivory Coast Jamaica Jordan Kazakhstan Kenya Korea (North) Kuwait Kyrgyzstan Laos Lebanon Liberia Libya Macedonia Madagascar Malawi Mali Mauritania Moldova Mongolia Morocco Mozambique Nepal	Niger Nigeria Oman Pakistan Peru Philippines Qatar Russia Rwanda Sao Tome e Principe Saudi Arabia Senegal Sierra Leone Somalia Sri Lanka Sudan Surinam Syria Taiwan Tajikistan Tanzania Thailand Togo Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates Uzbekistan Vietnam Yemen Zambia Zimbabwe

The territories formerly comprising the socialist Federal Republic of Yugoslavia

(b) Persons who hold passports or travel documents issued by the former Soviet Union or by the former Socialist Federal Republic of Yugoslavia.

(d) Persons who hold non-national documents.

2. The following persons do not need a visa for the United Kingdom:

(a) those who qualify for admission to the United Kingdom as returning residents in accordance with paragraph 18;

(b) those who seek leave to enter the United Kingdom within the period of their earlier leave and for the same purpose as that for which that leave was granted, unless it

(i) was for a period of six months or less; or

(ii) was extended by statutory instrument or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999);

Deleted

(d) those nationals or citizens of the People's Republic of China holding passports issued by Hong Kong Special Administrative Region; or

(e) those nationals or citizens of the People's Republic of China holding passports issued by Macao Special Administrative Region.

(f) those who arrive in the United Kingdom with leave to enter which is in force but which was given before arrival so long as those in question arrive within the period of their earlier leave and for the same purpose as that for which leave was granted, unless that leave—

(i) was for a period of six months or less, or

(ii) was extended by statutory instrument or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999).

Appendix B The UK's DATV Regime

1. Appendix 1 of the Immigration Rules lists the countries or territories whose nationals require a visa for the United Kingdom.

There are exceptions to the United Kingdom's visa requirement. In some circumstances passengers who are visa nationals may travel to the United Kingdom without visas under the Transit without Visa concession.

A visa national who is traveling to the UK simply to travel on to another country may enter without a visa (at the discretion of the immigration officer), provided that they meet all the following requirements:

— They arrive in the UK and depart by air,

— The intended onward flight has been confirmed and departs within 24 hours of arrival,

— The individual is properly documented for their destination and has obtained the appropriate visa if required.

  2.  The Transit without Visa concession does not apply to the nationals or citizens of the following countries or territories. Unless they qualify for exemption—see Note 3) below—they must obtain a Direct Airside Transit Visa (DATV) if they wish travel to the UK in order to transit airside—or a Visitor in Transit Visa if they need to pass through UK immigration control see Note 5) below:

Afghanistan

Albania

Algeria

Angola

Bangladesh

Belarus

Burma

Burundi

Cameroon

China, People's Republic of

Colombia

Congo-Brazzaville

Congo, Dem Rep of1

Ecuador

Eritrea

Ethiopia

Gambia

Ghana

Guinea

Guinea-Bissau

India

Iran

Iraq

Ivory Coast

Kenya

Lebanon

Liberia

Macedonia (FYR of)

Malawi

Moldova

Mongolia

Nepal

Nigeria

Pakistan

Palestinian Authorities

Rwanda

Senegal

Serbia and Montenegro

Sierra Leone

Somalia

Sri Lanka

Sudan

Tanzania

Turkey

"Turkish Republic of Northern Cyprus"2

Uganda

Vietnam

Yugoslavia3

Zimbabwe

1  Including travel documents issued by the former Zaire

2  The "Turkish Republic of Northern Cyprus" is not recognised by HM Government. Visas are issued on an EU uniform format "Form for Affixing the Visa"

3  Documents issued by the former Socialist Federal Republic of Yugoslavia, the former Federal Republic of Yugoslavia, by present Yugoslavia authorities or by the UN mission in Kosovo.

3. Passengers Exempt from the DATV Requirement

Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

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 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 another country or territory to the country in respect of which the visa is held;

(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;

(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 transit 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;

(d) a valid Canadian Permanent Resident Card issued on or after 28 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; or,

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

Notes:

(1) a valid U.S. immigrant visa packet (form 155A/155B) is a "valid visa" for DATV exemption purposes.

(2) an expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.

NOT

TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL . . .. EMPLOYMENT AUTHORIZED

non-national (including refugee) travel documents

4) Transiting to the Republic of Ireland

Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

DATV nationals transiting to Ireland must obtain a visit visa—not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

5) All Visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

11 December 2007