Guidance

Exempt (EXM)

Updated 12 February 2024

1. EXM1 The legislation

Some people are exempt from immigration control even though they do not have the right of abode in the UK. The main provisions for exemption are contained in Sections 8 (2), 8 (3) and 8 (4) of the Immigration Act 1971.

2. EXM2 Do visa nationals who are exempt need a visa?

Any person who is exempt from immigration control does not require prior entry clearance. However, it is strongly advised that visa nationals obtain an exempt vignette before travelling to the UK to avoid unnecessary delays on arrival.

3. EXM3 Do people who are exempt need to give their biometric data?

People who are exempt from immigration control are not required to give their biometric data. In addition, there are also certain categories of people that are subject to immigration control but are not required to give their biometric data. See EXM5 Who is not exempt from immigration control below.

4. EXM4 Who is exempt from immigration control?

4.1 EXM4(a) Sovereigns, Heads of State or Heads of ex-Reigning Houses, who are personae gratae to HMG whether travelling officially or privately.

Members of their family forming part of their household and their private servants are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18; but see EXM5(d) for domestic servants of exempt employers who are not exempt from immigration control.

All people included in an official state visit for the purpose of attending to the Head of State will also be exempt from immigration control. This will not include private individuals such as journalists and businessmen. Where these people are included in a party they must be advised to apply for entry clearance in the normal manner.

Ex-Heads of State and their families are not exempt from immigration control. They should be treated as private persons unless special considerations make this undesirable. In such cases the Head of Post should send a referral to referred casework unit in theHome office (copied to entry clearance complex case advice team) for consideration outside the Rules. Referrals should give full details of the case including whether exempt status has been issued in the past.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.2 EXM4(b) Members of the diplomatic, administrative, technical and service staff and career consular officers of States recognised by HMG that are accredited to a the UK.

Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18. People in this category accredited to the UK should be granted an exempt vignette valid for 5 years or for the length of the posting, whichever is shorter. Members of their family should be issued in line with this unless, in the case of children, issuing in line takes them beyond their 18th birthday. In this case they should be issued until their 18th birthday, or they should be considered an overage dependant (see below).

• Overage dependants

Children aged 18 and up to their 25th birthday may qualify if they are in full time education. They must show an intention to study in the UK, at a registered educational institute licensed under the points - based system. ECOs must assess whether adequate finance is available and should request confirmation of course enrolment. The child must intend to complete their studies before their 25th birthday. Any applications from dependant children who are over 18 and not in full time education or aged 25 or over must be referred to Diplomatic Missions and International Organisations Unit (DMIOU) and Protocol Directorate of the Foreign and Commonwealth Office for a decision. All dependant children must be recognised as such by the sending State.

Exempt vignettes for dependant children over 18 who are in full-time studies should be issued for the duration of the course or until their 25th birthday, or in line with their diplomat parent (whichever is sooner).

Exempt vignettes for qualifying diplomats and dependants may be extended in the UK through DMIOU. Exempt vignettes expire once a diplomat and or dependants complete their posting.

In the most exceptional circumstances, elderly parents who formed part of the diplomat’s household prior to their departure for the UK and who are wholly dependent on the diplomat may be considered for an exempt vignette if they are living alone with no relative to turn to in their own country. All applications must be referred to DMIOU. DMIOU will require confirmation of the applicant’s financial circumstances (assets / property ownership), medical condition, whereabouts of applicant’s other children and length of time applicant has resided with the diplomat (sponsor).

Grandchildren and other family members of a diplomat accredited to the UK do not qualify for exempt vignettes. Please see OPI 438.

Any queries concerning the eligibility of dependants should be referred to DMIOU.

ECM4(c) Locally employed members of staff of a mission in the UK who were recruited outside the UK.

Where a person applies in this category but there is evidence that they have recently spent time in the UK, the ECO must be satisfied that they were resident outside the UK when they were recruited for the post. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.

Locally employed members of staff of a mission in the UK who were recruited in the UK are not exempt from immigration control.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.3 EXM4(d) As a matter of policy, diplomats travelling through the UK to or from a country where they are accredited.

An exempt vignette should be issued valid for six months. Members of their family forming part of their household are also exempt from immigration control.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.4 EXM4(e) Serving Government Ministers (or equivalent, such as Governor Generals) of states recognised by HMG travelling to the UK on the official business of their government.

Posts may issue two-year exempt vignettes to people in this category. Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.5 EXM4(f) Employees of international organisations based, or with offices, in the UK who have been recruited overseas, as well as representatives and officials of the International Organisations listed when travelling to the UK in their official capacity on the official business of that organisation.

See list of international organisations whose employees qualify for exempt entry clearance, which is available from this guidance page.

Members of their family forming part of their household are also exempt from immigration control. Members of their household include, but are not limited to, spouses, civil partners and children under 18. Dependant children over the age of 18 may also be exempt (see point EXM4(b) above).

People being posted to an international organisation in the UK should be issued an exempt vignette valid for 5 years or for the length of the posting, whichever is shorter.

Where only a short official visit is intended the exempt vignette should be valid for the period of that visit.

Short-term employment ‘internships’ with International Organisations People intending to undertake short-term employment (“internships”) at the European Bank for Reconstruction and Development (EBRD) and the Commonwealth Secretariat are also exempt from immigration control.

Applications from people applying as an intern to an international organisations which is not provided on the list of international organisations whose employees qualify for exempt entry clearance should be referred to DMIOU Team 4 Protocol Directorate FCO for advice.

Short-term employees (interns) should be granted an exempt vignette for the duration of their contract.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.6 EXM4(g) Other people forming part of the official party or delegation of (e) Serving Government Ministers or equivalent and (f) Employees of International Organisations, for example, civil servants, secretaries, and interpreters.

An exempt vignette should be valid for the period of the visit as stated in the accompanying application.

Care should be taken to ensure that all people named in the official party are employees of the sending state. Journalists, businessmen or other people not employed by the sending state that are included in official parties are not exempt from immigration control and must meet the requirements of the Immigration Rules as business visitors.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.7 EXM4(h) Commonwealth or Overseas Territories citizens who are selected for training in the UK Armed Services.

The MoD will normally confirm to Posts directly that an applicant has been selected. Where an applicant produces a letter from the MoD, ECOs should confirm its authenticity with the originator.

Dependants of members of the armed forces are not exempt from immigration control. (see EXM8 - Dependants of members of the Armed Forces below).

What is the endorsement? See ECB13 Visa endorsements and conditions

4.8 EXM4(i) Members of Commonwealth and NATO armed forces (see Visiting Forces Act for full list of countries that qualify) posted for service in the UK or attending training courses either at a military establishment or with a UK firm.

People in this category should be granted an exempt vignette valid for the period of the training or posting.

Dependants of members of the armed forces are not exempt from immigration control. (see EXM8 below).

What is the endorsement? See ECB13 Visa endorsements and conditions

Commonwealth or Overseas Territories citizens who wish to enter the UK to attend an interview or selection test for entry into the UK Armed Services may do so as a visitor.

4.9 EXM4(j) People serving or posted for service as a member of an international headquarters or defence organisation.

What is the endorsement? See ECB13 Visa endorsements and conditions

4.10 EXM4(k) People accepted as arms control personnel under the Vienna Document 1992 (Conference on Security and Co-operation in Europe) and the Conventional Armed Forces in Europe Treaty 1992.

The main issuing post is Vienna. People in this category should be granted an exempt vignette valid for two years.

What is the endorsement? See ECB13 Visa endorsements and conditions

5. EXM5 Who is not exempt from immigration control?

5.1 (a) Members of diplomatic missions based overseas who are travelling to the UK on an official visit are not exempt from immigration control - unless they qualify under section EXM4(g).

However, diplomats on the official business of their Government will be exempt from the requirement to provide biometrics as a matter of policy. Where the ECO is satisfied on the basis of the documentation submitted (normally a diplomatic passport and a letter from the Ministry of Foreign Affairs (MFA) or letter from the UK Department confirming that the applicant is visiting the UK on official government business), they may waive the biometric requirement. Visas can be issued in these cases free of charge.

5.2 (b) Diplomatic Couriers are not exempt from immigration control.

However, people in this category are “inviolable” under the Vienna Convention on Diplomatic Relations 1961 and therefore are not required to provide biometrics.

What is the endorsement? C: Visit - 6 months: the endorsement “diplomatic courier” should be hand written above the entry clearance.

5.3 (c) Officials of foreign governments are not exempt from immigration control - unless they qualify under section EXM4(g).

Officials of foreign governments will be required to provide their biometric data. This is the case even if they are travelling on the official business of their government. It may not be appropriate to charge a fee depending on the purpose of the visit.

5.4 (d) Domestic servants of exempt employers are not exempt from immigration control - unless they qualify under section EXM4.

People who are exempt from immigration control, including Heads of Mission, who wish to bring their private staff to the UK may do so in accordance with the Rules on ‘Private Servants in Diplomatic Households’ (paragraphs 152-159). See PBS Tier 5 International Agreement for further guidance.

The only exception to this is where a servant for a Head of Mission is employed and paid directly by the sending State. Such people will be treated as exempt from immigration control.

What is the endorsement? See ECB13 - Visa endorsements and conditions

6. EXM6 What is a courtesy endorsement?

An additional courtesy wording can be added above or below the exempt vignette on issue of exempt entry clearance. However, these endorsements do not in themselves imply that the person is entitled to diplomatic privileges and immunities, nor do they confer any exemption from immigration control. They merely indicate an individual’s personal standing.

• ‘Diplomatic’ may be added for those in categories in EXM4 (a), (b),(c),(d),(e) and (f).
• ‘Official’ may be added for those in categories EXM4 (g), (h), (i), (j), (k).

7. EXM7 Are unmarried partners of diplomats exempt from control?

Unmarried partners (those who are neither married to nor in a partnership recognised by the Civil Partnership Act) may be recognised as ‘members of the family forming part of the household’ in certain circumstances, and where the sending state has confirmed that the relationship is durable and akin to marriage. Diplomatic missions should contact Protocol Directorate (protocol.enquiries@fcdo.gov.uk) for further advice as soon as they are notified of an intention to appoint a member of the mission who will be accompanied by an unmarried partner.

Unmarried partners of diplomats who are not exempt from immigration control, because they are from a country that does not offer reciprocal exemption for the unmarried partners of UK diplomats, may apply for UK entry clearance using the existing concession for unmarried partners. 

​Applicants do not have to satisfy the usual 2 year cohabitation condition applied to other unmarried partner applications. They are allowed to take employment in the UK but this is not a route that can lead to settlement. Anyone granted under the concession would be expected either to leave the UK at the end of their partner’s posting or apply for permission to stay under another immigration route. 

​In order to qualify for entry clearance under this concession the unmarried partner of a diplomat will have to show that: 

• ​the relationship is recognised as durable by the sending state
• ​the relationship is similar to marriage or a civil partnership
• ​the couple intends to live together in the UK for the duration of the posting

This application is free of charge, but the applicant must give their biometrics.

8. EXM8 Dependants of members of the Armed Forces

8.1 Are dependants of Members of the Armed Forces exempt from immigration control?

Dependants of members of the armed forces are not exempt from immigration control. This exemption does not apply when the applicant is a dependant of a forces member coming to the UK for training.

9. EXM9 Do people who are exempt from immigration control have to pay for their entry clearance?

See visa fees.

10. EXM10 How to deal with an application for an exempt vignette

Ideally applications for exempt vignettes should be made on the relevant visa application form (VAF). However a Note Verbale, which is a diplomatic communication prepared in the third person and unsigned, may be accepted in place of a VAF provided it gives sufficient information including the designation of the officer, length of posting and accompanying family members. This VAF concession may also be extended to diplomats travelling on private visits. When a Note Verbale is submitted with no application form, a member of the visa section should complete a VAF. ECOs should ensure that people holding diplomatic, official or service passports meet one of the requirements in EXM4 Who is exempt from immigration control.

10.1 Evidence of Diplomatic Status

Diplomatic passports are not evidence of an individual’s diplomatic status. ECOs will need to judge according to local circumstances what documents are necessary in order to determine if an individual is a diplomat. In some circumstances, a passport may be deemed sufficient. In others, it may be necessary to ask for some further proof from the, for example, a Note Verbale or MFA letter confirming the posting to the UK.

11. EXM11 How can an exempt vignette application be refused?

It is not possible to apply the provisions of the Immigration Rules to people who are not subject to UK legislation. Any decision to deny an exempt vignette must be made in accordance with the provisions of the relevant international framework, such as the Vienna Convention on Diplomatic Relations 1961. In cases like this you should consult with DMIOU and the Foreign and Commonwealth Office’s geographical department concerned. You should include detailed reasons why it is felt that the diplomat or their dependant should not be provided with an exempt vignette.