New passport requirements for visa free travel to the US
Visa-free travel to the US after October 26, 2004, by nationals of the UK and other countries participating in the Visa Waiver Program, will require either a passport issued before that date or a new passport containing biometric identifiers. Anyone holding a new passport without the newly required biometric chip technology will be required to obtain a visitor's visa from a US consulate before travelling abroad. Because this requirement applies only to passports issued after the October 26th deadline, the vast majority of British citizens who currently hold machine-readable passports ("MRPs") valid through 2005 are unlikely to be affected and may continue to visit the US visa-free.
A US law enacted in May 2002, the Enhanced Border Security and Visa Entry Reform Act, imposed the October 2004 deadline on countries participating in the Visa Waiver Program to issue tamper-resistant MRPs which incorporate biometric identifiers for visa-free travel to the US. The British Government and other visa waiver countries have recently indicated that they will be unable to produce biometric passports until mid-2005. As a result, British citizens who require a new passport between October 26, 2004 and mid-2005 when the British Government is able to begin issuing passports with biometric identifiers will need to apply for a US visa if they wish to visit the US.
The use of biometric identifiers, such as detailed measurements of the human face, hand geometry, finger or iris scans, is an expanding and developing technology for use in security documents. The standards for biometrics use in passports are set by international agreement through the International Civil Aviation Organization. It is likely that most passports with the new chip technology will use a combination of biometrics such as facial recognition and fingerprint scans.
A separate US mandate required nationals from the 27 Visa Waiver Countries to present an MRP (not containing biometrics) as of October 1, 2003 for continued visa-free travel to the US. Citizens of Andorra, Belgium, Brunei, Liechtenstein, Luxembourg and Slovenia were able to meet this deadline but the other 21 nations were given a one-year extension until October 26, 2004. From this date, anyone from the UK or one of the other 26 Visa Waiver countries must be in possession of their own MRP issued before October 26, 2004 to enter pursuant to the Visa Waiver Program. Children who are included on a parent's passport must also have their own MRP. After the October deadline those without MRPs will require a visa issued by a US Consulate before travelling to the US. An MRP can be identified by the two lines of encoded text at the bottom of the photo-identification page. (The British government has issued MRPs since 1988 but often passports issued at foreign consular posts are not machine-readable.)
From October 26, 2004, the new regulations will affect only those with passports issued on or after October 26, 2004, those with non machine-readable passports issued prior to October 26, 2004 and children included on a parent's passport. These people will be required to obtain a visa before they can travel to the US.
For further information please contact Liane Cooney on +44(0)20 7367 3618 or at liane.cooney@cms-cmck.com
