From 26 October 2004, thousands of people, including children, will need a visa to visit the USA, even for the shortest trip. Visa specialist, Lisa Beam of Bristol based solicitors, Gregg Latchams Quinn, is advising travellers to allow plenty of time to ensure their paper work is in order to avoid frustration and disappointment.

Hopping across the ‘pond’ for business meetings, family holidays or even a short shopping trip has never been easier.  Low cost flights, high exchange rates, wide choices, and a warm welcome have all contributed to attracting some 4 billion Britons a year to the United States – with a visa waiver scheme that allows visa-free visits for spells of up to three months.  This is all about to change, and the impact of the new visa ruling is going to be enormous, affecting everyone from pop stars and politicians through to business travellers and children (who can no longer travel on their parent’s passports) – in fact anyone who has to renew their passport on or after October 26th this year will find themselves caught in the ‘Visa Trap’. It is estimated that some 450,000 passports will need renewing, of which thousands will wish to visit the USA and will need to apply for visas. 

The situation has come about as part of the US government’s plans to protect the country against terrorist attacks.  The new regulations require anyone entering the United States on the visa waiver scheme to have a ‘biometric’ passport that holds detailed information about the passport holder within a microchip. The problem is, the regulations are to be put in place on 26 October this year, and the new passports will not be available for issue by the UK government until the middle of next year at the earliest. The new regulations state that without the biometric passports, visitors will not be allowed to travel on the visa waiver scheme and will therefore require a visa to enter the country.

Obtaining a visa is neither cheap nor straightforward. Many people will find they simply cannot obtain a visa – for example those with a criminal conviction, including drink-driving and drug related convictions, even if dating back many years.  This will lead to countless appeals, often resulting in the discovery that access to the States may be denied permanently.

There are a few loopholes and ways to avoid the visa trap, but the important thing is to act now, and not leave it to the last minute – in fact not even to the last couple of months. 

British travellers holding ‘machine readable’ passports, issued in Britain since 1991, can still travel to the US without a visa for the 10 year lifetime of their passport.  However, it is advisable, for anyone whose passport expires later this year or early next year, particularly if they are planning a trip to the States, to renew now before the visa regulations come into force.

It is highly unlikely that the US will make any concessions or grant any delays on implementing the regulations. They are taking a tough stance on terrorism, and before the year is out, air marshals and strict entry regulations will be firmly in place, changing forever the face of transatlantic travel.