Travel Document Project
Current UK Government policy & guidance on obtaining travel documents for foreign nationals
This section contains UKBA policy and staff guidance in the public domain.
IMMIGRATION DIRECTORATE INSTRUCTIONS (IDIs)
The UKBA says that immigration directorate instructions (IDIs) are internal guidance for their staff on the handling of immigration applications.
Note that Immigration Directorate Instructions Chapter 22 (‘Passport and Travel Documents, Section 4 ‘The Chicago Convention’) and EIG Chapters 46-61 (Detention and removals) and Chapter 52 (Documentation and Consular Access) have both now been replaced with the following modernised guidance for UK Border Agency staff about returns and removals:
Guidance - Documents for enforced removals. Modernised Guidance (Feb 2011)
This document covers initial redocumentation action, information required for documentation purposes, conducting documentation interviews, compliance with the re-documentation process, Chicago Convention letter, European Union Letter, Emergency Travel Documents, applying for an emergency travel document, fingerprints for documentation purposes, timescales for obtaining an emergency travel document (redacted), emergency travel document process, the returns group documentation unit (RGDU), emergency travel document agreements, emergency travel document revalidations, and other sections.
Escalation of outstanding cases: An addition to this guidance, not included in the previous guidance which this replaces (IDI Chapter 22, Passports & Travel Documents) is an instruction (page 25) on what types of cases are appropriate for action to escalate the re-documentation process via Foreign & Commonwealth intervention. UKBA notes that suitable cases for escalation are "where the person is detained or a high harm case where the ETD application is outstanding beyond the timescales quoted on the A-Z list of countries. Other suitable cases may include detained family cases (with children) or where the subject is a risk of harm to him or herself". There seems to be a nod in the guidance to length and lawfulness of detention in relation to re-documentation timescales.
Returns Group Documentation Unit (RGDU) Emergency Travel Document Country Reference Guide (version issued July 2011)
This guidance for UKBA staff contains information by country, on requirements for EUL or ETD for return, the current likelihood of ETD agreement, minimum ETD requirements, current country information, constraints, with original evidence, with copy evidence, with no evidence, and how long the ETD is valid for.
The versions disclosed in July 2011 and March 2011 (the 2010 version), and the 2007 version of this document are available to download from the right hand column of this page.
Guidance - Assisted Voluntary Returns (May 2011)
This guidance covers what an assisted voluntary return (AVR) programme is, information about the three different AVR programmes, and the process involved when an AVR application is accepted, rejected, withdrawn, or cancelled.
ENFORCEMENT INSTRUCTIONS & GUIDANCE (EIG)
The UKBA says that the EIG contains guidance and information for officers dealing with immigration enforcement within the UK
EIG Chapter 17. Criminal Procedures and Investigations Act 1996
See this chapter for UKBA guidance on Section 35 action for non-compliance with travel document procedures. This chapter outlines the issue of the IS35 letter, the Documentation Interview, non-compliance action, timing of Section 35 action, and what UKBA considers to constitute a ‘reasonable excuse’ in the matter of cooperation on travel documents.
Section 17.11 - Section 35 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004.
“The following process has been designed to improve compliance to the documentation process. It applies to all Documentation Units in England and Wales, Criminal Casework Directorate (CCD) and Criminal Investigations Teams (CIT). It may also be applied to teams responsible for documentation interviews in Local Enforcement Offices (LEO) where a CIT is operative. This document also contains guidance on reasonable excuse and case priorities.
Section 35 provides that a person may be required to take a specified action if the Secretary of State thinks that the action may enable a travel document to be obtained and that the document will facilitate the person’s removal.
A person commits an offence if he fails without reasonable excuse to comply with the documentation process, and, if guilty, may be sentenced to a maximum of 2 years imprisonment and/or fine.
Non-compliance can be:
· Non attendance at LEO interview
· Attendance at LEO interview but refusal to answer questions or complete any part of the documentation process, i.e.
· Not bringing family members when required to do so
· Not bringing supporting documentation when required to do so.
· Refusal to co-operate
· Providing incomplete information
· Absconding
· Non-attendance or refusal to answer questions at Embassy or High Commission interview (either face to face or telephone).
· Providing false information which results in Embassy or High Commission rejecting application.
Section 35 action may not be appropriate if:
· An individual has previously complied and through no fault of their own we have not taken action on this and then they subsequently refuse to comply. This is unlikely to be a suitable case for section 35 action, due to the previous compliance.
· There is bio-data and/or documentary evidence of nationality on the Home Office or Port files, which may be used to obtain a document in the absence of compliance from the individual. In these instances, if we can get the travel document with this information then section 35 action is not appropriate. Check all Home Office files for bio-data and other evidence of nationality.
· Country policy or instructions prevent the removal of an individual even if a travel document could be obtained (see paragraph 17.11.2 below).
· Section 35 should be used as the last resort when the non-compliance of the individual prevents us from obtaining a travel document.”
Chapter 17 notes that “CPS guidance is that the legislation is silent on what constitutes ‘reasonable excuse’” (Section 17.11.5).
"CPS guidance is that the legislation is silent on what constitutes ‘reasonable excuse’. In the case of R v Masoud Tabnak [2007] the Court of Appeal (Criminal Division) found that a failure to co-operate based on a fear of persecution or serious harm under the Refugee Convention and Article 3 of the Human Rights Convention, could not amount to a ‘reasonable excuse’ for not complying with the requirement imposed under section 35(1) of the Act. The Court confirmed the decision of the trial judge that “To allow fear of persecution to amount to a reasonable excuse would frustrate the intended aims and objectives of Parliament.” The provision is concerned solely with an inability to comply with the practical requirements defined in section 35(2)."
Note that EIG Chapter 52 (Documentation and Consular Access) and Chapter 22 of Immigration Directorate Instructions (‘Passport and Travel Documents, Section 4 ‘The Chicago Convention’) have both now been replaced with the following modernised guidance for UK Border Agency staff about returns and removals:
Guidance – Documents for enforced removals. Modernised Guidance (Feb 2011)
This guidance tells you about the types of travel documents used to enforce removals and how to obtain removal documents for someone without a travel document.
UKBA ASYLUM PROCESS GUIDANCE (APGs)
The UKBA says that APGs provides guidance for asylum team case owners in the UK Border Agency who are handling asylum applications through the integrated end-to-end case management process. Of interest for travel and identity documents are the following APGs:
SPECIAL CASES/‘Nationality: doubtful, disputed and other cases’ (Version 3.0 05.10.10)
Includes a section on methods used to assess nationality, on dual nationality, disputed nationality etc.
This guidance relates to the so-called Human Provenance Project, a joint project with the Serious Organised Crime Agency funded by the Foreign and Commonwealth Office under the Returns and Reintegration Fund. The pilot project focused on testing a sample population from those individuals claiming asylum in the UK who stated that they were Somali nationals. Within the scope of the project, biological samples were to be tested for two purposes: a. to determine relationships between adults and children when the true relationship is in doubt (DNA testing), and b.to give an indication of nationality when nationality is disputed (genetic ancestry testing techniques and isotope comparison methods). The pilot came to an end on the 31st March 2010.
UKBA ASYLUM POLICY INSTRUCTIONS (APIs)
The UKBA says that asylum policy instructions are the Government's policy on asylum that is followed by asylum case owners in the UK Border Agency.
APG - BIOMETRIC DATA SHARING (FINGERPRINT MATCHING)
The UKBA states that “the purpose of this instruction is to explain how to identify cases which may benefit from international biometric data-sharing, how to arrange these checks, and how to use the results.
“The processes detailed in this instruction must be followed in line with regular practices. Particular attention must be paid to the instructions on Asylum Support, cases where there is an issue relating to the applicant’s nationality and presenting cases where it appears that the applicant is removable to more than one country/territory.”
See the following sections:
7. Appeal Rights Exhausted Cases – Use of Match Information
7.1 Using Information from the Providing Country in Removal Considerations
For all potentially removable cases, it must be considered whether and how the information from the Providing Country may assist towards removal. If the information includes a travel document reference not previously held, it may assist with re-documentation (whether or not the identity or nationality is different). RGDU and/or the BCMT [Biometric Case Management Team] will provide further advice as necessary in dealing with discrepant identity or nationality information from Providing Countries when seeking re-documentation/removal.
7.2 Prepare For Re-Documentation
A fingerprint match to a verifiable identity should be powerful evidence in which to seek re-documentation, but is different from the type of evidence that is normally used. Officers must always refer to the Returns Documentation website in such cases. The relevant country’s normal documentation requirements should be met wherever possible. However, where this is not possible (e.g. because the individual refuses to admit to the alternate identity), re-documentation under this procedure using the fingerprint match evidence should be attempted. In some cases the information from the Providing Country will confirm an ID in a nationality for which removal can be effected on an EU letter, and so re-documentation will not be necessary.
7.2.1 Re-Documentation
All cases must be referred to RGDU for re-documentation with:
· Form IS33b instead of the usual form IS33. Ensure the travel document reference, and any additional information from the Providing Country relevant to the travel document (e.g. where it was seen) on the form IS33b;
· Data obtained from CRS [Central Reference System] or the VAF [Visa Application Form], if the individual had applied for a UK visa in the identity in which re-documentation is being sought;
· The requisite bio-data, as set out by RDGU in respect of the relevant country. See Travel Document Information Guide for specific country requirements. If the individual has admitted to the identity in which re-documentation is being sought, or it can be obtained from the VAF, it should be possible to send the correct information. If not, bio-data for their claimed identity should be provided instead;
· Any other information which will support re-documentation.
· Re-documentation and removal must be actively pursued in the identity and/or nationality believed to be correct, and failure to comply proactively deal with. See Returns Documentation Guidance.
HM PRISON SERVICE INSTRUCTIONS AND POLICY NOTES
Prison Service Orders (PSOs)
HM Prison Service states that Prison Service Orders are long-term mandatory instructions which are intended to last for an indefinite period.
PSO 4630 Immigration and Foreign Nationals in Prison number 22/2007.
This PSO formalises the existing procedures and actions relating to contact with Embassies for foreign national prisoners and immigration detainees held in prisons. It describes individual bi-lateral agreements that the UK has with a number of countries, which require prison staff to report certain information to the consulates when a national of their country is received regardless of the views of prisoners” (p: 1, original emphasis).
The PSO lists a number of mandatory requirements relating to communication with Embassies. Briefly, these are as follows:
i) All Foreign National prisoners:
All prisons must inform prisoners on first reception of their right to consular notification. This must be done by the first receiving establishment and must be recorded on the prisoner’s record.
ii) Nationals of those countries with a Bilateral Convention (see Annex J), whether or not the country in question is also a signatory to the Vienna Convention:
· Prisons must notify embassies upon first reception of nationals of a country where a bilateral Consular Convention has been signed, and provide all appropriate information.
iii) Those countries who have signed the Vienna Convention but where no bilateral consular convention is in place. (see Annex K):
· In the absence of a request from a prisoner to have his/her embassy informed, prisons must not pass on the prisoner’s details to his/her embassy
iv) Where a foreign embassy requests information on a prisoner or prisoners the prisoners’ permission for details to be released must be secured by prison staff before information is disclosed
v) If the prisoner refuses then the prison must inform the embassy of the prisoners’ right of anonymity under Article 36(1) (c) of the Convention.
vi) The only exception is where a consular official is detained. Under these circumstances prisons must inform the Embassy either through the consulate or through diplomatic channels.
[NB: countries with no bilateral consular convention and who have not signed the Vienna Convention on Consular Relations are Afghanistan, Burundi, Cambodia, Ethiopia, Gambia, Guinea-Bissau, Nauru, San Marino, Sierra Leone, Singapore, Zambia (This list is taken from the superceded PSO 4630 on communication with embassies)]
Access to Prisoners and Communications.
18.17 Where a prisoner consents, Embassy staff should be given access to a prisoner who is a national of that country. Under the terms of the VCCR 1963 prisons need to be aware that prisoners have the right to see Embassy staff;
“Consular officers shall have the right to visit a national of the sending country [the foreign country] who is in prison, custody or detention, to converse and correspond with him and arrange for his [or her] legal representation”.
18.18 However this can only happen once the prisoner has given his/her consent for his embassy to be notified and he/she has the right to withdraw consent for contact with the embassy at any time.
18.19 Visits with Consular officials should generally take place in sight but out of hearing range of prison staff. Any such visit would fall into the category of a special visit and as such should not be counted against a prisoner’s statutory entitlement (see PSO 4410 Visits and PSO 4411 Correspondence).
Telephone Calls
18.20 Under the terms of the VCCR telephone calls to confirmed embassy lines are granted the same status as that of a legal representative and must not be recorded.
18.21 For further information on telephone calls to Embassies and High Commissions refer to PSO 4400 Chapter 4.
Excerpt from PSO 4630 Immigration and Foreign Nationals in Prison, Annex G Prison Service Guidance, General Information (p: 41)
Travel Documents
All foreign nationals being removed from the United Kingdom require a travel document. In some instances the Border and Immigration Agency is able to create its own travel document (known as an EU letter), but in other instances an application must be made to the prisoner’s Embassy or High Commission.
Applications can take several months to be approved where there is little or no supporting evidence to establish nationality and identity. It is therefore imperative that the Border and Immigration Agency is provided with any documentation from the prisoner’s property where it will assist with an application.
Whilst it is good practice to obtain the prisoner’s permission before passing a passport or identity card on to the Border and Immigration Agency, legislation currently being passed will allow the Border and Immigration Agency to take any documentation relevant to the case without the prisoner’s permission. It is also important to remember that the documents do not belong to the prisoner, rather his/her government, and in cases where permission is refused, the document should be photocopied for the Border and Immigration Agency and then posted to the Embassy or High Commission. The Border and Immigration Agency will then make a request for the document directly from the Consular Section. Arrangements may also be made for a member of the Border and Immigration Agency to attend the prison and collect the document.
The Border and Immigration Agency regularly requires photographs and fingerprints of foreign nationals and Immigration Officers have their own cameras/fingerprint kits for this purpose. The Border and Immigration Agency has given an undertaking that photographs will only be taken of the prisoner’s head and shoulders to form part of an application for a travel document or for its own identification purposes.
Whilst prisons may take photographs on behalf of the Border and Immigration Agency, quantity and quality required varies from nationality to nationality, depending on what is stipulated by the Embassy/High Commission, and so it may therefore be easier to allow immigration officers to take their own photographs. The Border and Immigration Agency understands security issues affecting prisons but establishments are asked to be as flexible as possible in allowing immigration officers to bring cameras to interviews.
Where a prisoner fails to co-operate with an immigration officer in having his/her fingerprints taken, prison officers are empowered to take them under Section 141 of the Immigration & Asylum Act 1999 using reasonable force, where a request is made in writing to the Governor.
Accession Countries and the EEA
The following countries are members of the EU/EEA. This includes those countries that joined on 1st May 2004:
| 1. Belgium 2. France 3. Germany 4. Italy 5. Luxembourg 6. Netherlands 7. Denmark 8. Ireland 9. UK 10. Greece
| 11. Portugal 12. Spain 13. Austria 14. Finland 15. Sweden 16. Cyprus 17. Czech Republic 18. Estonia 19. Hungary 20. Latvia
| 21. Lithuania 22. Malta 23. Poland 24. Slovakia 25. Slovenia 26. Bulgaria 27. Romania
|
| Nationals of Switzerland are now considered as EEA nationals under the Immigration (EEA) Regulations 2006 and should be treated as such for the purposes of this PSO.
Further enlargement of the EEA is likely. The above list includes Bulgaria and Romania who joined on 1 January 2007. Turkey, Croatia and Macedonia are currently candidate countries for EU Accession.
| ||
Excerpt from PSO 4630 Immigration and Foreign Nationals in Prison (p: 49)
REMOVAL
The Border and Immigration Agency normally seeks to remove those persons with no lawful basis in the United Kingdom. However, before removal can be affected, any barriers which have arisen must be resolved. These can be numerous, but the most common ones are:
1. Lack of a travel document
All persons require a travel document of some description to travel internationally and this includes immigration removal cases. Many of our subjects do not, however, possess a valid passport either because he never possessed one and entered the country illegally, it has expired, become lost or he has deliberately destroyed it.
Some countries allow their citizens to travel on a national identity card (particularly EEA nationals), others will allow the Border and Immigration Agency to produce its own travel document, known as an EU letter where supported by background information about the subject (known as “bio-data”), but others require an emergency travel document (ETD) to be issued by the nearest Embassy or High Commission. Where an ETD is required, an application form must be completed and submitted with photographs and any other supporting evidence to substantiate the nationality and identity. Some countries have other requirements, for example some require fingerprints. For some countries the process is fairly quick, but for others it can be very lengthy, taking several months and may include an interview with an Embassy official.
The Border and Immigration Agency is therefore particularly interested in any relevant documentation in a prisoner’s property which may be of use in securing the required travel document for his removal (for example any home country identity related documents) and we always encourage prisoners to assist us in the documentation process.
Excerpt from PSO 4630 Immigration and Foreign Nationals in Prison. Annex J: Establishing nationality: suggested additional questions (p: 52)
It is important for the effective management of foreign national prisoners that the correct nationality of a prisoner is established as early as possible. This is not an easy task but it is an increasingly important one. Accurate information on nationality is vital for deportation decisions and with the move towards a greater presumption on deportation for non-EEA nationals, it will also become increasingly important for sentence planning purposes. Accurate statistics are also needed for Ministers, Parliament and the public.
The Home Secretary’s Eight Point Plan includes actions to improve the recording of nationality by other agencies in the criminal justice system but these may take some time to put in place. In the meantime we need to do what we can to improve the quality of the recording of nationality on LIDS/IIS.
The following sample questions are intended to provide some guidance on ways in which you may be able to establish nationality more accurately, in cases where there is some uncertainty. They are based on questions that Immigration staff use for the same purpose.
[Following on from standard reception/induction questions]
- What is your family name?
- Do you use any other names?
- Where were you born?
- What was your last address outside the UK?
- Do you have a passport?
- If yes: number, issuing Government, place and date of issue, valid until?
- If no: do you have any other evidence/documents that establish your nationality or identity?
- What is your mother’s/father’s name?
- Where were they born?
- Who was your last employer in your home country?
- What schools did you attend?
- Do you have a doctor in your home country? Address?
- What is your religion?
- Where is your place of worship – in the UK? - in your home country?