Examples of when charges may be waived

This page explains some situations in which charges may not be imposed on a carrier for bringing a passenger to the United Kingdom who is not properly documented.

The following list describes some of the situations in which senior officers will normally be prepared to waive a charge in relation to a person who arrives without the required documents. This list is not exhaustive.

• Where the passenger is a child travelling as part of an organised school group, in the care of a responsible adult.
  
• Where the passenger has arrived on a flight or ship which, following departure, had been diverted to the United Kingdom.
  
  This concession will not apply where it was known prior to departure that the destination would be the United Kingdom.
  
• Where the person was a stowaway charges will usually be waived where the carrier can show that it had taken all reasonable security and searching measures to ensure that no unauthorised person was allowed to board its service.
  
  Senior officers will take into account the carrier's previous record in carrying unauthorised persons. Account will also be taken of the carrier's record of co-operation with the UK Border Agency in seeking to prevent the carriage of such persons, in particular whether the carrier has acted on any advice offered by the UK Border Agency and, in the case of sea carriers, whether the carrier, or another person acting on the carrier's behalf by arrangement with the carrier, has made proper use of effective equipment used to search vehicles and containers.
  
  Such equipment may be provided by the carrier, or the person acting on the carrier's behalf, or by the UK Border Agency. Where equipment has been offered by the UK Border Agency, the carrier, or the person acting on the carrier's behalf, would be expected to accept it and make proper use of it. If the carrier has not made use of equipment offered by the UK Border Agency, charges will normally not be waived.
  
  At this time the UK Border Agency does not intend to impose charges under Section 40 of the Immigration and Asylum 1999 where the persons concerned can be shown to have boarded vessels concealed in vehicles. Discussions will be held with carriers about how searching and security regimes can be improved.
  
• Where the carrier had no realistic alternative but to transport the passenger to or via the United Kingdom. An example would be where the law or the government of another country required a passenger's removal to or through the United Kingdom.
  
  A charge might not be waived, however, where the carrier had previously carried the passenger through the United Kingdom without the documents required for that purpose - for example, if the passenger had passed through the United Kingdom in direct transit without a necessary visa for his/her final destination or for any intermediate destination.
  
• Where there is evidence that the carrier had acted on the advice of a representative of the United Kingdom Government, and it was reasonable, in the circumstances, for the carrier to rely on that advice.
  
  Where, for example, a passenger has been carried on the advice of a United Kingdom mission abroad or a United Kingdom immigration officer, the charge will normally be waived.
  
  Advice given on the authenticity of an individual document cannot always be regarded as definitive, particularly if advice is sought by telephone, and the UK Border Agency has been unable to examine the document concerned. Furthermore, it is incumbent on the carrier when seeking advice to provide full and accurate information as to why it has doubts over the particular passenger's documentation.
  
• Where the charge is raised in respect of the arrival of an inadequately documented passenger which is the first to arise in respect of a particular carrier from that port to the United Kingdom.
  
  A charge might not be waived if the carrier had failed to act on advice previously given by the UK Border Agency to avoid inadequately documented passengers being carried in similar circumstances.
  
  Carriers should ensure that check-in staff, whether company employees or local handling agents, are aware that a waiver under this paragraph is unlikely to be granted more than once. In particular, where the same agent is responsible for handling more than one company, a charge may be maintained on any subsequent incident.
  
  • in imminent and self-evident danger of his/her life; and
    
  • he or she had no reasonable means of obtaining the necessary documents; and
    
  • the United Kingdom was, in the circumstances, the only or clearly the most appropriate destination; and
    
  • the carrier had no opportunity to verify his/her acceptability with the United Kingdom authorities.

In such circumstances the advised course of action, where possible, is to contact the nearest UNHCR or United Kingdom representative or the United Kingdom port of arrival, for advice and guidance on how best to proceed.

• Where there are compelling compassionate reasons or other compelling circumstances of an exceptional nature which would justify waiving of the charge.
  
  Carriers are advised wherever possible, to ascertain whether a waiver is likely to be given in an individual case before embarkation.
  
• Where, in the case of a used visa, the immigration officer's endorsement is not placed on the same page, or on an adjacent page. (Adjacent in this context means that no more than one page of the document need be turned either way in order to see the endorsement.) A charge may be waived if the date of the endorsement is unclear.
  
  A charge will be maintained if the visa itself has expired.