Digital Record of Exemption for Diplomats: Application, Documents and Costs

In Part 1 of our guide to UK Immigration Exemption for Diplomats, we examined who may qualify for exemption from UK immigration control during a diplomatic posting, the position of eligible family members and the rights and limitations associated with exempt status.

Part 2 focuses on the practical process of obtaining a digital record of exemption. It explains when and how to apply, the supporting documents required, the purpose and contents of a Note Verbale, potential visa application centre charges, processing times and the use of the record when travelling to and from the UK.

Although a digital record is not mandatory and does not create exempt status, it allows airlines, other carriers and UK Border Force to verify an individual’s exemption more readily, helping to reduce delays or difficulties when travelling.

A digital record of exemption is an electronic record confirming that an individual is exempt from UK immigration control.

It is not:

• A visa;
• An eVisa;
• Entry clearance; or
• Permission to enter or remain in the UK.

Exempt status arises from the individual’s official position and the purpose of their presence in the UK. The digital record provides evidence of that status but does not create the underlying entitlement.

Digital records have replaced exempt vignette stickers in passports. A person who already holds a valid exempt vignette may continue to use it, provided they remain entitled to exemption from immigration control.

An application may be made by an individual who is exempt from UK immigration control. In the context of a diplomatic posting, this may include:

• A diplomat posted to the UK;
• A qualifying member of a diplomatic mission;
• A consular officer posted to the UK by their government;
• A qualifying member of mission service staff;
• A qualifying member of administrative or technical staff; or
• An eligible family member forming part of the principal applicant’s household.

Working for an embassy, high commission, consulate or diplomatic residence does not automatically establish entitlement. The individual must satisfy the requirements applying to their particular position.

Our Part 1 guide provides further information about the personnel and family members who may qualify.

No. A person who qualifies for exemption is not required to obtain a digital record before travelling to the UK.

However, the Home Office strongly advises exempt individuals to obtain one. Travelling without a digital record or valid exempt vignette may result in additional checks while the person’s status is verified. It may also cause difficulties where an airline or other carrier cannot readily confirm the individual’s entitlement to enter the UK without a visa.

A digital record is linked to the holder’s passport and can be checked automatically when they travel. This can reduce the risk of delays at departure or upon arrival in the UK.

A diplomat or other individual who is exempt from immigration control does not require entry clearance, an eVisa or permission to enter the UK while travelling for the official purpose giving rise to the exemption. An exempt person is also outside the ordinary Electronic Travel Authorisation requirement.

The position may be different where a diplomat intends to travel to the UK in a private capacity. Exemption is connected to the individual’s official position and purpose of travel. A person travelling privately may therefore need to satisfy the immigration requirements applicable to their nationality and intended activities.

Possession of a diplomatic, official or service passport does not, by itself, establish exemption.

An application for a digital record of exemption may be submitted up to three months before the applicant intends to enter the UK.

Applying in advance allows time for the applicant’s position and supporting documents to be considered. It may also help to avoid difficulties when arrangements are being made with an airline or other carrier.

The application should be completed through the official GOV.UK digital record of exemption service.

An applicant travelling for a diplomatic posting should select the relevant diplomatic category when completing the online form.

Depending on the application process, the individual may need to attend a visa application centre. The online application and subsequent instructions will confirm whether an appointment is required and how the supporting documents must be provided.

An application may be completed by the applicant or by an authorised member of staff acting on their behalf.

An applicant will ordinarily need to provide:

• A current passport or other acceptable travel document;
• A recent passport photograph meeting the relevant UK requirements; and
• Evidence confirming that they are coming to the UK as part of their official employment or appointment.

For diplomatic personnel, this evidence will commonly include a written notification from the sending government, usually in the form of a Note Verbale. A letter from a UK or foreign ministry may also be relevant, depending on the circumstances.

The Home Office may request additional evidence where it is necessary to verify the appointment, the applicant’s functions or their entitlement to exemption.

A Note Verbale is a formal diplomatic communication issued by a government, diplomatic mission or Ministry of Foreign Affairs. It is commonly used to confirm the status and appointment of a diplomat or member of mission staff.

For an application relating to a diplomatic posting, the Note Verbale should ordinarily be in English and identify:

• The applicant’s full name;
• Their date of birth;
• Their passport number;
• Their official position in the UK;
• The relevant embassy, high commission, consulate or diplomatic mission;
• The nature and expected duration of the appointment; and
• Details of accompanying family members, where applicable.

A Note Verbale may be sufficient in many cases, but it is not necessarily accepted without further enquiry. The Home Office may seek additional documents or confirmation if there are concerns about the appointment, the evidence provided or a claimed family relationship.

A spouse, civil partner or dependent child applying on the basis of the principal diplomat’s exempt status may need to provide evidence of their relationship and membership of the diplomatic household.

The documents required will depend on the circumstances but may include:

• A marriage certificate;
• A civil partnership certificate;
• A birth certificate;
• An adoption certificate;
• Evidence of financial dependency; or
• Evidence that the family member forms part of the diplomat’s household.

A dependent child aged between 18 and 24 who seeks exemption while studying full-time may also need to provide evidence of confirmed studies, financial dependency and continued membership of the diplomatic household.

Unmarried partners are not automatically exempt. Unless a relevant reciprocal arrangement applies, an unmarried partner will generally require entry clearance and must follow the separate requirements applying to that category.

People who are exempt from immigration control are not ordinarily required to provide biometric information in the same way as applicants seeking immigration permission.

However, a facial image is required to create the digital record. The applicant may be asked to provide this at a visa application centre or submit a recent passport-sized photograph that meets the Home Office requirements. The instructions provided during the application process should be followed carefully.

An unmarried partner who is subject to immigration control will normally be required to provide biometric information as part of their entry clearance application.

There is no application fee for a digital record of exemption.

However, an applicant may incur a charge when using a user-pays visa application centre or optional added-value services, such as assisted document scanning. These are service charges and not fees for the digital record itself.

Qualifying exempt personnel are not required to pay the Immigration Health Surcharge.

According to the current GOV.UK application guidance, an applicant should usually receive a decision within three weeks.

The process may take longer if:

• Further documents are required;
• The diplomatic appointment needs to be verified;
• The applicant’s entitlement to exemption requires additional consideration; or
• A claimed family relationship needs to be examined.

Applicants should ensure that the information and supporting evidence submitted are complete and consistent to minimise avoidable delays.

If the application is successful, the applicant will receive an email or letter explaining the next steps. They will need to set up a UKVI account if they do not already have one.

The UKVI account enables the individual to:

• Access their digital record of exemption;
• Check the information recorded;
• Obtain a share code where evidence of status is required; and
• Update relevant personal or passport details.

The digital record is linked to the passport used for the application. If the holder’s passport or personal details change, they should update their UKVI account before travelling.

A digital record issued to a diplomat or qualifying member of diplomatic mission staff will normally be valid for five years or the duration of the posting, whichever is shorter.

For a qualifying spouse or civil partner, validity will generally be in line with the record held by the principal diplomat.

For a dependent child under 18, the record will normally be valid in line with the principal applicant or until the day before the child’s 18th birthday, whichever is earlier.

Different validity provisions apply to dependent children aged between 18 and 24 who qualify while undertaking full-time education.

The expiry date shown on a digital record does not preserve exempt status if the underlying diplomatic posting or qualifying functions have already ended.

A qualifying diplomat may leave and re-enter the UK while their official posting and exempt status remain in force.

The digital record will be checked automatically against the passport when the individual travels. Border officials may still verify whether the holder:

• Continues to hold the relevant appointment;
• Remains a member of the diplomatic mission;
• Is travelling for a purpose covered by the exemption; and
• Continues to satisfy the conditions for exempt status.

A digital record should not be relied upon after the person’s appointment or qualifying functions have ended, even if the record appears to remain valid.

An exempt person who is already in the UK without a digital record may apply for one from within the country. A person whose diplomatic posting has been extended may also apply for an extension of an existing digital record or exempt vignette.

The diplomatic mission should contact its usual FCDO Protocol Directorate representative, who will liaise with UK Visas and Immigration to manage the process.

Before issuing a further digital record, the Home Office must be satisfied that the applicant remains exempt from immigration control. The new record will normally be valid for the remainder of the posting or two years, whichever is shorter.

A physical exempt vignette issued before the transition to digital records may continue to be used, provided that it remains valid and the holder continues to meet the requirements for exemption from immigration control.

A vignette becomes invalid if the holder is no longer in the UK for the purpose that gave rise to the exemption, including where a diplomatic posting has ended. Its stated expiry date does not, by itself, establish that the holder remains exempt.

Diplomatic agents and qualifying administrative, technical and service staff are exempt from immigration control while transiting through the UK on their way to or from a posting in another country. Qualifying family members who form part of their household are also exempt during these journeys.

A supporting Note Verbale would ordinarily be expected to confirm:

• The individual’s diplomatic position;
• Details of the posting in the third country; and
• The need to transit through the UK.

Where a digital record of exemption is issued specifically for diplomatic transit, it will normally be valid for six months.

A digital record of exemption provides accessible evidence that a diplomat, qualifying member of mission staff or eligible family member is exempt from UK immigration control. Although it is not compulsory and does not create exempt status, obtaining one can help carriers and border officials verify the holder’s position and reduce the risk of disruption when travelling.

The application must be supported by accurate evidence of the individual’s official appointment and entitlement to exemption. Particular attention should be given to the passport details, facial image and Note Verbale, as well as any documents required for accompanying family members.

Morgan Smith Immigration has more than 20 years of experience advising on UK immigration law. For advice concerning diplomatic exemption, a digital record of exemption or a related immigration matter, call 0203 959 3335 or email [email protected].