Guidance

ECB09: entry clearance vignettes: types, safeguarding and validity

Updated 20 December 2019

1. ECB9.1 Types of entry clearance

An entry clearance takes the form of a stick-in vignette which is placed in the passport or travel document. Depending on the nationality of the applicant the vignette can be designated as one of the following types of entry clearance:

• Visa (see ECB4.1 for who requires a visa)
• Entry clearance (see ECB4.2 for who requires an entry clearance)
• Family permit

An applicant for entry clearance must possess either a valid passport or another document establishing identity and nationality.

Guidance on types of passport and travel documents, including those not recognised by HMG, is given in ECB8 What are acceptable travel documents for entry clearance?

2. ECB9.2 Which vignette to use?

There are two types of vignette:

• Uniform Format Visa (UFV).This vignette is common to all EU Member States. It is used for visa nationals coming to the UK as visitors or in transit (Category A, B or C)
• United Kingdom Vignette. This is used for all other entry clearances (Category D), usually long-stay categories

See examples of UK visa vignettes.

3. ECB9.3 Safeguarding vignettes and EU Uniform Format Forms (EU UFF)

3.1 ECB9.3 (a) Safe custody

Safe custody and proper management controls that are strictly adhered to are essential. The key safeguard for both accountability and control is sole access to visa stocks. If irregularities are committed at a Post and it is found that the procedures laid down in OSI and / or Entry Clearance Guidance have not been followed, the individual member(s) of staff and the Head of Post will be held directly accountable.

3.2 ECB9.3(b) Circumstances when a UFF could be issued at an overseas post

There are certain circumstances when an applicant’s travel documents are not valid. For example HMG may not recognise or accept certain passports because:

a) they do not satisfy the requirements of the Immigration rules in satisfactorily establishing the holder’s identity and nationality and;

b) the absence of a recognised issuing authority, that is, government, casts doubt on the integrity of the process and does not comply with international passport practice.

ECOs who are satisfied that an applicant meets the Immigration rules and requires a UFF should follow the procedure below.

3.3 ECB9.3(c) Authorisation to issue a UFF

UFFs should only be issued in cases where the applicant cannot obtain a recognised travel document and must not be issued because the applicant is unwilling to apply for one or they say it would take too long to be issued.

3.4 Who can authorise the issue of a UFF?

• ECOs may issue a UFF for straightforward cases, that is, first time family reunion or settlement cases but must obtain authorisation from an ECM. The ECM should ensure that the issue of a UFF is appropriate and also check that the endorsement and the details of the applicant i.e. name, date of birth, nationality and name of sponsor, if appropriate, are correct
• If the sponsor has LTR/E the applicant should be granted LTE in line with the sponsor’s leave expiring on the same date
• If the sponsor has ILR the applicant should be granted ILE for 12 months In all other circumstances authority to issue a UFF must be obtained by referral to the Regional Operations Manager.

3.5 Lost Home Office Travel Documents

If an applicant needs to return to the UK but claims to have lost their Home Office Travel Document, the ECO must follow the procedure in ECB8.13.10.

4. ECB9.4 Validity of entry clearance

The validity of the entry clearance and the leave to enter given are normally the same. The ECO should check the applicant’s visa application form (VAF) for the proposed date of travel in order to prevent unnecessary applications for an extension of stay, and possible claims for a refund of the extension fee.

There are two significant dates on the entry clearance:

• The ‘effective’ date which is the date on which the entry clearance is issued (and therefore the date on which the applicant can travel)

• The ‘expiry’ date which is the date when the entry clearance will not be valid for travel to the UK, and nor will it confer leave to enter. The ‘expiry’ date for applicants who qualify for ILE should represent the expiry date of the applicant’s passport and does not indicate an expiry of ‘indefinite leave to enter’

For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category, leave to enter should begin on the date they arrive in the UK. This will ensure that they are able to meet the qualifying period within the validity of their entry clearance and avoid unnecessary applications for extensions of stay.

There is an onus on applicants to ensure that their visa is correct to make sure that:

• their personal details are correct
• the visa correctly states the purpose for which they want to come to the UK
• it is valid for the date on which they want to travel

For guidance on endorsements and conditions see ECB13 Visa endorsements and conditions.

5. ECB9.5 What if applicant is not intending to travel straight away to the UK

The ECO should check the applicant’s visa application form (VAF) for the proposed date of travel in order to prevent unnecessary applications for an extension of stay, and possible claims for a refund of the extension fee.

Where an applicant may not intend or be able to travel to the UK immediately following their application they can apply for a visa at any time before the date of travel to the UK, however, we can only defer the start date of the visa up to a maximum 3 months from the date of application. You may need to ensure that applicants applying under the various employment categories or as students would be acceptable to their UK sponsor, should entry be deferred by 3 months.

6. ECB9.6 Indefinite Leave to Enter (ILE) and Indefinite Leave to Remain (ILR)

Applicants who are granted Indefinite Leave to Enter (ILE) at a visa issuing Post should have no time restrictions on their stay in the UK, that is, they can stay indefinitely. ILE carries the same entitlement as ‘Indefinite Leave to Remain’ (ILR) which is issued by the UK Border Agency to those who have already travelled to the UK. Anyone who has ILE does not have to apply for ILR when in the UK.

Although indefinite leave, by definition, will not expire, the ECO is unable to issue a visa to those who meet the criteria for ILE without putting a ‘validity date’ on the visa. In cases of ILE the ‘validity date’ on the visa should match the expiry date on the passport. When the applicant gets a new passport, they can apply to UK Border Agency for a transfer of conditions into their new passport. They do not need to apply for Indefinite Leave to Remain (ILR).