On 27 February 2026, the High Court ruled on a judicial review case, R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth & Development Affairs & Anor, brought by 6 people living in the Gaza Strip who were seeking to leave Gaza to pursue a UK visa or family-reunion routes to be reunited with their father, who lives in the UK. 

The main Issue in the case was that, to leave Gaza and travel to a VAC (Visa Application Centre) (for example, in Tel Aviv, Amman or Cairo) to enrol in biometrics, the claimants needed Israeli permission to exit Gaza, transit permission through another country, and the UK government's assurances of onward travel.

The UK government had a policy not to provide these “onward-travel assurances” for a group described as “exceptional consular cases,” which prevented the claimants from leaving Gaza to complete the visa process.

The claimants (RKC2-7) had brought judicial review proceedings against FCDO (Foreign, Commonwealth & Development Office) and the Home Office. They argued that the UK’s refusal to process their visas without biometrics was unlawful and irrational, and a breach of family life rights under the ECHR- Article 8. They said the policy effectively prevented them from applying for visas at all.

Even though the High Court decided that some government actions were unlawful, it rejected the main challenge to the policy and upheld the refusal to provide onward travel assurance to the claimants to leave Gaza, meaning the UK government does not have a legal duty to guarantee travel so applicants can give biometrics for visas.

The High Court rejected the claim and said the biometric requirement was lawful, the UK government was entitled to insist on biometrics before entry clearance, Immigration control, and identity verification were legitimate public interests, and the government’s policy was not irrational, even if it created serious difficulties for people in Gaza.

The court also held that Article 8 (family life) did not require the UK to waive biometrics in these circumstances.

The high court’s decision in a judicial review case, R (RKC1 & Ors) v Secretary of State for Foreign, Commonwealth & Development Affairs & Anor

The court said, a request to pre determine an application or to be excused from the requirement to attend a VAC to enrol their biometrics will, in most circumstances, only be agreed to where the applicants can demonstrate they meet all 4 criteria listed on the guidance page “Unable to travel to a Visa Application Centre to enrol biometrics (overseas applications)” dated 21 August 2024. Please note that this guidance has been updated on 25 February 2026, and the full updated guidance can be found here.

These 4 criteria are the following:

• A person needs to satisfy the decision maker/entry clearance officer/presenting officer about their identity to a reasonable degree of certainty before they come to the UK.

• They need to provide decision maker/entry clearance officer/presenting officer with evidence that they need to make an urgent journey to a VAC that is unsafe based on the current situation within the area they are located and along the route where they would need to travel to reach a VAC to submit their biometrics, and they cannot delay their journey until later or use alternative routes.

• They need to demonstrate decision maker/entry clearance officer/presenting officer that their circumstances are beyond simply joining relatives living in the UK and that they outweigh the interests of the UK’s national and border security. For example, their UK-based sponsor needs full-time care, and there are no other viable alternatives to meet the needs of the sponsor or their young children. 

• They need to confirm they are able to travel to a VAC if they want their application to be predetermined, or where they are requesting a decision maker/entry clearance officer/presenting officer to excuse them from being required to attend a VAC to submit their biometrics. They should explain why they are unable to attend any VAC, but are able to travel to the UK.

What is Biometrics for UK visa?

Biometrics (fingerprints and facial images of an individual), under the current UK immigration system, is used to support identity assurance and suitability checks on a foreign national subject to immigration control. They enable decision makers to conduct comprehensive checks against immigration and criminality records to identify a person who poses a threat to the UK’s national security, public safety, immigration controls, or is likely to breach UK laws if they are allowed to come to the country.

The policy guidance - Unable to travel to a Visa Application Centre to enrol biometrics (overseas applications) (accessible) updated 25 February 2026

This policy guidance provides guidance for decision-makers, entry clearance officers, and presenting officers on how to handle requests from individuals applying to enter the UK from abroad who claim that travelling to a VAC to provide their biometric information would be unsafe.

Some applicants seeking entry to the UK may ask for their visa application to be predetermined before attempting to travel to a VAC, or they may request to be excused from the requirement to attend a VAC to provide their biometrics prior to travelling, on the basis that the journey would be unsafe. The guidance mainly addresses cases involving applicants who wish to join family members acting as sponsors in the UK, including relatives who are settled in the country, hold protection status, or are British citizens

A visa applicant may ask for predetermination, which allows the authorities to consider the application before the applicant travels to a VAC, enabling them to decide whether it is necessary to make the journey. Alternatively, the applicant may request to be excused from attending a VAC to provide biometric information.

What is the UK Policy for Predetermination or Biometric Excusal?

Anyone who wishes to enter the UK through an immigration route must normally provide biometric information (fingerprints (up to ten) and a facial photograph) as part of their visa application. However, an applicant may request predetermination, under which the Home Office considers the entry clearance application before biometrics are provided. If the Home Office is likely to grant entry clearance, it will notify the applicant that it is minded to grant them entry clearance, subject to them attending a VAC to provide their biometrics and enabling the Home Office complete the necessary background checks on them and their documents. 

An applicant may also request and be granted a biometric excusal, which means they are temporarily excused from attending a VAC to provide their biometric information before travelling to the UK. In such cases, the requirement to provide biometrics is usually deferred until after entry clearance has been granted and the applicant has arrived in the UK.

Biometric excusals are limited in scope and will only be granted where the individual presents sufficiently compelling circumstances that outweigh the wider and heightened public interest resulting from excusing the requirement to attend a VAC.

Both predetermination requests and requests for biometric excusal are reviewed on case-to-case basis. Each case is assessed on its own merits, and where the facts reveal particularly compelling or compassionate factors, the matter may be prioritised for quicker consideration by the relevant officials.

How to request a predetermination or to be excused from having to attend a VAC?

The process to request predetermination or biometric excusal when you cannot travel to a VAC is set out in guidance issued by UK Visas and Immigration under “Unable to travel to a Visa Application Centre to enrol biometrics (overseas applications)” (updated 25 February 2026).

Below is the step-by-step procedure.

1. Apply for a UK Visa online

First, you must submit the relevant UK visa application online. This includes completing the visa application form, uploading supporting documents, and paying the visa fee (if applicable).

You are not required to book a biometric appointment yet if you cannot travel to a VAC.

2. Contact UKVI to request Predetermination or Biometric Excusal

After submitting your visa application, you must contact UKVI directly, explaining why you cannot travel to a VAC.

Requests are normally sent to the UKVI international enquiry service or the relevant UK embassy or visa post handling the application.

In your message, you should clearly state that you are requesting either Predetermination, Biometric excusal, or both.

3. Provide evidence of your identity

Because you have not yet provided the biometrics, you must send clear scans of identity documents, such as your passport (all relevant pages), national ID card, birth certificate, or family relationship evidence (if relevant).

These documents will help the Home Office establish your identity before biometrics.

4. Explain unsafe travel to a VAC

You must explain why it is not possible or is unsafe for you to travel to a VAC.

For example, you are in an area of conflict or war, there are border closures, you are unable to obtain exit permits, you have serious medical conditions, or there are other humanitarian risks.

5. Give evidence of “Compelling Circumstances.”

The request should also explain why your case is based on compelling or compassionate reasons. For example, you need family reunification with close relatives in the UK, there are vulnerable children involved, there are medical needs, or there are urgent humanitarian risks.

The guidance states that each request will be assessed individually.

What happens after making the Predetermination or Biometric Excusal request?

If you are granted Predetermination, the Home Office will assess your visa application before biometrics and tell you if they are likely to grant the visa.

If the outcome is positive, you must still attend a VAC later to give your biometrics normally within up to 240 days from the application date.

If you are granted the Biometric Excusal, you may receive entry clearance without giving your biometrics first. Your biometrics will then usually be taken after you arrive in the UK.

What happens if your application for Predetermination or Biometric Excusal is refused?

If your application for Predetermination or excuse the requirement for you to attend a VAC to give your biometric information is refused, you will be expected to attend a VAC and give your biometric information within 240 days of submitting your application online.

where you do not want to pursue your application, you will not get a refund of the application fee if you withdraw your application, or you fail to give your biometric information within 240 days of submitting your application, once a decision has been made on your Predetermination or Biometric Excusal application.

How can Visa and Migration help?

The updated guidance, especially in light of the latest High Court judgement, will be particularly relevant if you are making family reunion applications from abroad where it is unsafe for you to travel to a VAC to provide your biometrics. 

It is clear from the guidance that requests to exempt or excuse biometrics will only be granted in the most exceptional circumstances, while giving the UK security the utmost priority.

The process to apply for a Predetermination or Biometric Excusal can be very complex for you, and hence, we advise you to get our expert services for this.

For a one-to-one discussion on Predetermination of your visa application or Seeking excusal from the requirement to attend a VAC to give your biometrics, you can call our friendly client care team at +44 (0)20 3411 1261 or write to info@visaandmigration.com to discuss your case.