UK Border Force introduces fines for failing to provide information on private flights to or from the UK

Pilots, owners and operators of private aircrafts will now be liable for fines of up to £10,000 if they do not provide Border Force with advance passenger information online before they depart to or from the UK, under new regulations to strengthen border security. 

The new regulations – which were laid in Parliament at the end of November 2023 and came into force on 6 April 2024 - will mean that Border Force and the police can better identify potential security threats, prevent and detect crime, and monitor immigration status. Previously, advance passenger information could be submitted by email, fax or other manual methods.

The changes form part of ongoing work to bolster border security in the general aviation space, such as reducing the number of airfields that general aviation – such as private jets – can use for international flights.

In this regard, we would like to remind that before 1994, embarkation controls were operated by immigration officers at the majority of air and sea ports in the UK.

Whilst this meant a visible presence in most locations, these controls were limited. The paper-based embarkation checks were piecemeal, were not carried out on all modes of transport, and only a small proportion of passengers were checked against watchlists. The paper-based nature of the checks meant that there was only limited ability to match records and therefore no usable information about outbound passengers was collected. In 1998 embarkation checks were scrapped entirely.

Since 2004 the UK has moved to a more sophisticated approach to checks by starting to collect Advance Passenger Information (API) for both inbound and outbound air passengers, by receiving such information directly from airlines operating flights to and from the UK. The API includes the passenger's full name, nationality, date of birth, gender, as well as the number, type and country of issue of the travel document.

Apart from that, airlines are required to carry out visa checks of passengers prior to boarding the plane to make sure they have valid document for legally entering the country they travel to. If, however, the airlines fail to carry out such visa checks, they would face a fine of between €3,000 (£2,640) and €5,000 per passenger if they are found to have flown non-EU nationals who have inadequate or forged documentation into the UK or the European Union.

From 6 April 2024, pilots, owners and operators of private aircrafts will need to provide advance passenger information online from forty-eight hours to no later than two hours before their departure, otherwise they will be liable for a civil penalty of up to £10,000.

We anticipate that such changes apply mainly to small airports which accept private aircraft as per the advance reservation system.

Moving to online only submissions will improve automated security checks and enable Border Force and the police to make more intelligence-led decisions.

Pilots, owners and operators of private aircrafts will now be liable for fines of up to £10,000 if they do not provide Border Force with advance passenger information online before they depart to or from the UK, under new regulations to strengthen border security. 

The new regulations – which were laid in Parliament at the end of November 2023 and came into force on 6 April 2024 - will mean that Border Force and the police can better identify potential security threats, prevent and detect crime, and monitor immigration status. Previously, advance passenger information could be submitted by email, fax or other manual methods.

The changes form part of ongoing work to bolster border security in the general aviation space, such as reducing the number of airfields that general aviation – such as private jets – can use for international flights.

In this regard, we would like to remind that before 1994, embarkation controls were operated by immigration officers at the majority of air and sea ports in the UK.

Whilst this meant a visible presence in most locations, these controls were limited. The paper-based embarkation checks were piecemeal, were not carried out on all modes of transport, and only a small proportion of passengers were checked against watchlists. The paper-based nature of the checks meant that there was only limited ability to match records and therefore no usable information about outbound passengers was collected. In 1998 embarkation checks were scrapped entirely.

Since 2004 the UK has moved to a more sophisticated approach to checks by starting to collect Advance Passenger Information (API) for both inbound and outbound air passengers, by receiving such information directly from airlines operating flights to and from the UK. The API includes the passenger's full name, nationality, date of birth, gender, as well as the number, type and country of issue of the travel document.

Apart from that, airlines are required to carry out visa checks of passengers prior to boarding the plane to make sure they have valid document for legally entering the country they travel to. If, however, the airlines fail to carry out such visa checks, they would face a fine of between €3,000 (£2,640) and €5,000 per passenger if they are found to have flown non-EU nationals who have inadequate or forged documentation into the UK or the European Union.

From 6 April 2024, pilots, owners and operators of private aircrafts will need to provide advance passenger information online from forty-eight hours to no later than two hours before their departure, otherwise they will be liable for a civil penalty of up to £10,000.

We anticipate that such changes apply mainly to small airports which accept private aircraft as per the advance reservation system.

Moving to online only submissions will improve automated security checks and enable Border Force and the police to make more intelligence-led decisions.

Posted on Apr 08, 2024.

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