Challenging a civil penalty for failing to provide API

Providing Advance Passenger Information (API)

Owners/agents and captains are required to provide Advance Passenger Information (API) online and in advance of flights departing to or from the UK.

Specified information must be provided in a specified form and manner, and must be submitted no earlier than 48 hours and no later than 2 hours before the expected time of departure.

The Home Office requires API to be provided as part of the UK’s approach to border security and as part of the UK’s Universal Permission to Travel Scheme. The Scheme requires all individuals intending to travel to the UK to have permission to do so and includes the roll-out of the Electronic Travel Authorisation (ETA) Scheme.

More on the ETA can be found here.

When and how might a civil penalty be imposed?

Whilst the Home Office will work with owners/agents and captains to ensure their API obligations and requirements are met, failure to ensure compliance could result a GA (General Aviation) Notice being served on the responsible person.

The GA Notice is not a notice of liability but will detail the breach identified and direct the responsible person to the relevant guidance on how to comply with API obligations and requirements.

Should non-compliance be identified, an investigation may take place before a Notice of Potential Liability is served. The Notice of Potential Liability is a formal notice setting out the nature of the breach which also explains potential liability for a civil penalty.

If the Home Office decides to impose a civil penalty, a Penalty Notice will be served.

It is also important to note that where Border Force is unable to pursue a civil penalty against the responsible person, a criminal sanction may be considered.

What is the civil penalty amount?

There are different civil penalty amounts depending on the type of breach and the number of breaches that have occurred.

For example:

• An incorrect document number will incur a fixed penalty of £2,500.
• Providing an incorrect date of birth on three separate occasions will incur a fixed penalty of £5,000.
• First-time failure to comply with timing requirements (late or early information provided about the flight and persons on board) will incur a penalty of £5,000.
• Subsequent failure to comply with timing requirements (late or early information provided about the flight and persons on board) will incur a maximum penalty of £10,000.

Are there any possible reductions and discounts?

There are no specified reductions and discounts provided by the Home Office.

However, where a Notice of Potential Liability is received, the Home Office will allow an owner/agent or the captain the opportunity to submit representations to set out reasons for the breach and provide information about any mitigating circumstances.

A Warning Notice, instead of a Penalty Notice, may also be served where mitigating circumstances are successfully demonstrate or where it was a first breach.

Each case will be considered based on the information provided.

Can I challenge a civil penalty?

Objecting to the penalty

Those issued with a Penalty Notice can submit a written objection in the prescribed manner, giving full reasons for the objection. The objection must be received by the Home Office within 28 days from the date on the on the Penalty Notice.

After submission of an objection, the responsible person will be notified of the outcome and penalty amount in writing no later than 70 days after the date on which the original penalty notice was issued, or a longer period agreed by the Home Office.

The possible outcomes are:

• The penalty is cancelled;
• The penalty is reduced;
• The penalty is increased; or
• The penalty is maintained.

Appealing against the penalty

If the civil penalty is reduced, increased, or maintained following an objection, an appeal may be made to court within 28 days of receiving the outcome of the objection.

The details on how to make an appeal will be outlined in the notification of the outcome of the objection.

Can I pay by instalments?

According to Home Guidance, it is not currently possible to pay by a civil penalty imposed as a result of breaching API obligations and requirements.

Next steps

Our expert Immigration team are well-placed to advise assist both organisations and individuals who have received a civil penalty from the Home Office. We offer strategic support in preparing robust representations and navigating complex immigration enforcement challenges. Our experienced professionals can help review your circumstances to effectively challenge or mitigate penalties.

If you have been issued a civil penalty by the Home Office or need assistance with an ongoing immigration issue, please do not hesitate to contact our Immigration team.