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If you travel frequently enough, you’ve probably witnessed a fellow passenger facing extra screening at the airport.
While additional security measures are usually no more than a mild inconvenience, what happens if you’re formally detained by UK Border Force agents?
After being stopped by four officers while disembarking from a recent flight to London Heathrow, I was curious to find out how to avoid unnecessary delays – and what to do if you’re searched as a law-abiding traveller.
Why some people get detained by Border Force
Checking the UK government website before you travel for the latest rules on what you can and can’t take through the airport should ensure a smooth journey.
1/14 Passports
British passports that expire after 29 March 2019 will continue to be valid as UK travel documents, but will lose the power that comes with being a European Union passport – notably the right of free movement within the EU27.
UK passports issued from 30 March 2019 will have the words “European Union” removed from the cover and the first page (along with the translations into Welsh and Gaelic). But they will still be burgundy. By October 2019, new British passports will have dark blue covers
Getty
2/14 Pets
You will still be able to travel to the EU with your pet after Brexit, but it could well get more complicated depending on the status that the European Union decide to apply. If the UK is given “Part 2 listed status”, there would be some extra requirements for travelling pets and owners post-Brexit. “These would require an additional visit to the vet and some additional papers to be carried but would not prevent you from enjoying your trip,” says Eurotunnel.
But it adds that if the UK is given unlisted, third-country status, “owners who wish to travel with their pets from the UK to EU nations will need to discuss their specific preparations and requirements with an Official Veterinarian at least four months prior to their desired travel date
AFP/Getty
3/14 Eurotunnel/Eurostar
The Treaty of Canterbury between the UK and France governs the Channel Tunnel link and operations will continue – subject to any local disruption at Folkestone and/or Calais
AFP/Getty
4/14 Driving
Motorists, whether taking their own cars or hiring abroad, are likely to need to obtain an International Driving Permit or two; different EU countries are signed up to different treaties, so for a trip embracing Spain and France you would need both types.
These are currently sold from a limited number of Post Offices, but the government intends to make them widely available. The cost is £5.50 for each.
Motor insurance will no longer automatically extend to the EU. Insurers will provide on request a “Green Card”, for which an extra charge will be made
PA
5/14 Flights
Even in the event of a no-deal Brexit, flights will continue to operate between the UK and European Union.
However, in the event of the UK leaving with no deal, many flights are likely to be cancelled because departures would be capped at 2018 levels. As UK airlines have already announced thousands of new flights to Europe from the end of March 2019, some would have to be cancelled
Getty
6/14 Air routes
The network of flight links between Britain and eastern Europe could be affected by any reduction in the number of workers from those countries. Not only do they use the flights – so do their families and friends
PA
7/14 Flight disruption rights
Current European passengers’ rights rules, known as EC261/2004, stipulate high payouts for delays and cancellations that cannot be attributed to “extraordinary circumstances”. Buried in a document called Beyond the Horizon: The Future of UK Aviation, the government says “the UK will not fall below current standards of protection when we leave the EU”
AFP/Getty
8/14 Entry regulations to the European Union
From 11pm GMT on 29 March 2019, UK travellers will become “third-country nationals” when travelling to Schengen countries and subject to the standard rules of admission for citizens of nations such as the US, Japan and Australia. That means there must be at least 90 days (roughly three months) left on your passport beyond your intended date of departure.
Because third-country nationals can remain in the Schengen area for 90 days, the actual check carried out could be that the passport has at least six months’ validity remaining on the date of arrival
Getty
9/14 Online registration prior to travel – ETIAS
From 2021, non-EU nationals who do not require a visa to enter the Schengen area – including British travellers – will need to request prior authorisation to visit Schengen countries.
The Travel Information and Authorisation System (ETIAS) is aimed at reducing the “migration, security or public-health risk” from nationals of visa-exempt third countries, which is what the UK will become after Brexit. It costs €7 for three years
AFP/Getty
10/14 ‘Brexit clauses’
A large number of travel providers – even including National Express coaches – have added “Brexit clauses” to their terms and conditions. These generally specify that they will not be liable for “consequential losses” as a result of Brexit-related issues
PA
11/14 ‘Fast track’ lanes for passport control entering EU countries
British passport holders will not be able to use them, and must join the queue for third-country nationals.
People holding an EU passport or ID card as well as a British passport will be able to exit the UK on the British passport but enter Europe on the EU document
Getty
12/14 Ferries
The ferry industry insists vessels will continue to sail. The UK Chamber of Shipping says: “Unlike the carriage of cargo, trade deals do not have a significant effect on the cruise and passenger ferry industry. The explicit standardisation of commodity codes and tariffs associated with trade deals have little relevance to holidaymakers.”
Having said that, the government and Kent County Council are planning for possible chaos at Channel ports because of a backlog of trucks in the event of a no-deal Brexit. This would impinge on holidaymakers’ plans
PA
13/14 European Health Insurance Card (EHIC)
The EU says: “If you fall ill or have an accident during a visit to another EU country, as an EU citizen you have the right to receive the necessary public healthcare in any EU country under the same conditions as people in the host country.” The EHIC also works in Iceland, Norway, Switzerland and Liechtenstein.
Treatment, says the NHS, is “at a reduced cost or, in many cases, free of charge”.
From 11pm GMT on 29 March 2019, when the UK ceases to belong to the European Union, British travellers will have no automatic right to use the EHIC.
There is no certainty about what may replace it
PA
14/14 Mobile phones
From 30 March 2019, the law banning mobile phone firms from charging extra for calls and data in Europe will cease, though operators have yet to set out exactly what will replace it. In theory, mobile phone firms can impose whatever fees they think the market will bear.
But Dave Dyson, chef executive of Three, says his firm is “committed to maintain the availability of roaming in the EU at no additional cost following Brexit”
AFP/Getty
1/14 Passports
British passports that expire after 29 March 2019 will continue to be valid as UK travel documents, but will lose the power that comes with being a European Union passport – notably the right of free movement within the EU27.
UK passports issued from 30 March 2019 will have the words “European Union” removed from the cover and the first page (along with the translations into Welsh and Gaelic). But they will still be burgundy. By October 2019, new British passports will have dark blue covers
Getty
2/14 Pets
You will still be able to travel to the EU with your pet after Brexit, but it could well get more complicated depending on the status that the European Union decide to apply. If the UK is given “Part 2 listed status”, there would be some extra requirements for travelling pets and owners post-Brexit. “These would require an additional visit to the vet and some additional papers to be carried but would not prevent you from enjoying your trip,” says Eurotunnel.
But it adds that if the UK is given unlisted, third-country status, “owners who wish to travel with their pets from the UK to EU nations will need to discuss their specific preparations and requirements with an Official Veterinarian at least four months prior to their desired travel date
AFP/Getty
3/14 Eurotunnel/Eurostar
The Treaty of Canterbury between the UK and France governs the Channel Tunnel link and operations will continue – subject to any local disruption at Folkestone and/or Calais
AFP/Getty
4/14 Driving
Motorists, whether taking their own cars or hiring abroad, are likely to need to obtain an International Driving Permit or two; different EU countries are signed up to different treaties, so for a trip embracing Spain and France you would need both types.
These are currently sold from a limited number of Post Offices, but the government intends to make them widely available. The cost is £5.50 for each.
Motor insurance will no longer automatically extend to the EU. Insurers will provide on request a “Green Card”, for which an extra charge will be made
PA
5/14 Flights
Even in the event of a no-deal Brexit, flights will continue to operate between the UK and European Union.
However, in the event of the UK leaving with no deal, many flights are likely to be cancelled because departures would be capped at 2018 levels. As UK airlines have already announced thousands of new flights to Europe from the end of March 2019, some would have to be cancelled
Getty
6/14 Air routes
The network of flight links between Britain and eastern Europe could be affected by any reduction in the number of workers from those countries. Not only do they use the flights – so do their families and friends
PA
7/14 Flight disruption rights
Current European passengers’ rights rules, known as EC261/2004, stipulate high payouts for delays and cancellations that cannot be attributed to “extraordinary circumstances”. Buried in a document called Beyond the Horizon: The Future of UK Aviation, the government says “the UK will not fall below current standards of protection when we leave the EU”
AFP/Getty
8/14 Entry regulations to the European Union
From 11pm GMT on 29 March 2019, UK travellers will become “third-country nationals” when travelling to Schengen countries and subject to the standard rules of admission for citizens of nations such as the US, Japan and Australia. That means there must be at least 90 days (roughly three months) left on your passport beyond your intended date of departure.
Because third-country nationals can remain in the Schengen area for 90 days, the actual check carried out could be that the passport has at least six months’ validity remaining on the date of arrival
Getty
9/14 Online registration prior to travel – ETIAS
From 2021, non-EU nationals who do not require a visa to enter the Schengen area – including British travellers – will need to request prior authorisation to visit Schengen countries.
The Travel Information and Authorisation System (ETIAS) is aimed at reducing the “migration, security or public-health risk” from nationals of visa-exempt third countries, which is what the UK will become after Brexit. It costs €7 for three years
AFP/Getty
10/14 ‘Brexit clauses’
A large number of travel providers – even including National Express coaches – have added “Brexit clauses” to their terms and conditions. These generally specify that they will not be liable for “consequential losses” as a result of Brexit-related issues
PA
11/14 ‘Fast track’ lanes for passport control entering EU countries
British passport holders will not be able to use them, and must join the queue for third-country nationals.
People holding an EU passport or ID card as well as a British passport will be able to exit the UK on the British passport but enter Europe on the EU document
Getty
12/14 Ferries
The ferry industry insists vessels will continue to sail. The UK Chamber of Shipping says: “Unlike the carriage of cargo, trade deals do not have a significant effect on the cruise and passenger ferry industry. The explicit standardisation of commodity codes and tariffs associated with trade deals have little relevance to holidaymakers.”
Having said that, the government and Kent County Council are planning for possible chaos at Channel ports because of a backlog of trucks in the event of a no-deal Brexit. This would impinge on holidaymakers’ plans
PA
13/14 European Health Insurance Card (EHIC)
The EU says: “If you fall ill or have an accident during a visit to another EU country, as an EU citizen you have the right to receive the necessary public healthcare in any EU country under the same conditions as people in the host country.” The EHIC also works in Iceland, Norway, Switzerland and Liechtenstein.
Treatment, says the NHS, is “at a reduced cost or, in many cases, free of charge”.
From 11pm GMT on 29 March 2019, when the UK ceases to belong to the European Union, British travellers will have no automatic right to use the EHIC.
There is no certainty about what may replace it
PA
14/14 Mobile phones
From 30 March 2019, the law banning mobile phone firms from charging extra for calls and data in Europe will cease, though operators have yet to set out exactly what will replace it. In theory, mobile phone firms can impose whatever fees they think the market will bear.
But Dave Dyson, chef executive of Three, says his firm is “committed to maintain the availability of roaming in the EU at no additional cost following Brexit”
AFP/Getty
Beyond that, security services are vague about what raises suspicion, recently widening their powers to stop, question and detain individuals under the Counter-Terrorism and Border Security Act 2019.
If you’re detained while leaving or arriving into the UK, it’s likely either random, due to prior intelligence or a result of observations made by an official. Immigration status can also play a part, as well as customs aspects, such as import and export issues.
“In customs cases the most common reasons are drug related offences that I come across, for example the passenger is suspected to be a drug mule,” said lawyer Gabor Nagy, a director at Duncan Lewis specialising in customs and immigration cases.
“The indicators I have seen through perusal of officers’ handbook notes vary. Some reveal behavioural indicators – a passenger being evasive, being inconsistent in their answers or sweating profusely.”
These indicators could be harmless if you’re a nervous flyer or that sleeping pill from the long-haul flight hasn’t worn off yet, but don’t be surprised to get a tap on the shoulder if that’s the case.
Prior intelligence can also get you detained, even if you’re totally innocent. Visiting certain countries, taking unusual flight routes and last minute ticket changes are known to prompt extra checks.
I wasn’t told why I’d been stopped during my own encounter, but was asked about visiting Indonesia in 2017 and why I’d flown from Sydney to London via Los Angeles – the “wrong” way, apparently.
So-called “watch lists” exist and countries often share intelligence. If you’re in the unfortunate scenario of being repeatedly stopped but haven’t done anything wrong, Nagy suggests contacting Border Force to obtain a free copy of information held on you under the General Data Protection Regulation (GDPR).
“The information will be heavily redacted but is invaluable as a first step,” he explained. “A complaint should then be lodged with Border Force. I have had many successful cases resolved this way, where Border Force was able to remove the stop indicator from the warnings index that officers at primary control points see when they process passengers.”
It’s also possible to contact your local MP, who can help rectify the situation with the Home Office.
Your legal rights if stopped at the airport
If you do get stopped, it’s important to remain calm. Being uncooperative, even if you feel you’re being treated unfairly, is likely to result in longer detention and, in extreme cases, prosecution that carries a three-month prison sentence and/or a fine of up to £2,500.
You can always lodge an official complaint afterwards, including for any belongings that are damaged during the search.
Joking around with officers is never a good idea, even if they appear friendly, but you shouldn’t be afraid to ask reasonable questions.
Nagy suggests asking which act you’re being detained under and requesting a copy of any relevant documents, as well as noting the officer’s identification number.
The Customs and Excise Management Act (CEMA) 1979, for example, permits officers to question passengers regarding their baggage, including electronic devices, where there are reasonable grounds to suspect a prohibited item is being imported.
During my own search, I was initially restricted from using my phone, although officers eventually allowed me to make a call when it became obvious I probably wasn’t running an international drug cartel. Border agents can also make calls on your behalf if you need to notify family, or feel you may need a lawyer.
A bag swab and search is often the first step, which doesn’t require any legal rights to be explained in advance. A record of the search and any findings will likely be kept by officers and if anything is seized, even as simple as excess tobacco or alcohol, you’ll be given a seizure notice.
“Where the search moves onto a search of person (SOP), the passenger needs to be notified of their right of appeal against the search prior to and they also need to be given a copy of the SOP record form (BOR1412) post search,” Nagy said.
Ultimately, very few people detained are found to have actually broken the law, so you should be prepared for additional searches even if they aren’t random.
My own detention took about an hour and I was soon frantically running to catch my onward flight to Manchester in scenes straight out of Airline.
Remember, if you miss any connecting flights while being detained, Border Force isn’t liable but will normally work with your airline to get you rebooked.
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