Guide to our charging procedures

This page contains information on when we may charge a carrier for bringing a passenger to the United Kingdom who is inadequately documented. It gives a step-by-step guide to what you can expect from us and information on how you can identify an inadequately documented passenger.

When will we raise a charge?

We will charge a carrier if a passenger arrives in the United Kingdom:

• without a travel document (for example a valid passport);
• with a mutilated document (this means, for example, the document is damaged so badly that it affects security features or the ability to see the photograph of the document holder);
• as an impersonator (the picture in the document does not correspond to the person travelling with that document);
• with a deferred visa (one that is not yet valid);
• with an expired visa;
• with a false visa (but only if the falsity is 'reasonably apparent', as explained below);
• with a false visa exemption (an endorsement other than a United Kingdom visa that is forged, but only if the falsity is 'reasonably apparent', as explained below);
• with no visa;
• with a child visa (and is not accompanied by the adult specified on the visa);
• with an unacceptable document (for example a South African temporary passport, which is no longer accepted for travel to the United Kingdom);
• with a fraudulently obtained document;
• with a false document (but only if the falsity is 'reasonably apparent', as explained below);
• with an expired document; or
• with a document issued by a country which does not actually exist (we call this a spurious document).

When a person presents a false passport or other document, the carrier would only be liable to a charge if the falsity is reasonably apparent. We consider a falsity to be reasonably apparent if a trained representative of the carrying company could reasonably be expected to detect it by examining it carefully but briefly and without the use of technological aids.

Further information on improper documentation can be found in section 2 of our Charging procedures guide for carriers (PDF 204K opens in new window). The guide also gives other detailed information on charging procedures.

What happens if we raise a charge?

When we establish that a person has arrived in the United Kingdom and is not properly documented, you (or your handling agent) will be notified of the person's arrival as soon as practicable (within 48 hours). Notification will normally be over the telephone or by fax on form CLA1.

You will be given the opportunity to examine the document and speak to the passenger (provided they agree to this). You may also wish to make your own enquiries to establish how the passenger was able to evade your own document examination and/or security operations.

A senior officer will then look at the case and decide if you are liable to a charge or not.

If there is no liability

If there is no liability, you will receive a notification of arrival (form IS80A) and we will take no further action.

If there is a potential liability

If we decide there is a potential liability to a charge, you will receive a notification of potential liability to a charge (form IS80B).

Before sending out form IS80B, the officer will have already examined the case in detail and will have taken account of all the apparent issues, such as the standard of falsity if a false document was presented, or any exceptional circumstances.

If you wish to object to the charge

On receipt of form IS80B, you have 30 days to make representations to the port inspector. These will then be considered and a decision will be made to either cancel the charge or maintain it.

For more information on objecting to a charge, see How can I object to the charge?

Section 40 charging procedures are summarised in a flow chart of section 40 charging procedures (PDF 20K opens in new window).