Why can’t I transit through London?

January 20, 2012

Question: I’m an Indian national residing in the United States. I was scheduled to fly from Houston to Mumbai on British Airways recently. My itinerary involved a short stopover in London.

In Houston, while checking in with British Airways, I was denied boarding because my work visa was not stamped in my passport. The original visa stamped in my passport had expired and I was traveling to India in order to get my renewed visa stamped at the U.S. consulate in Mumbai.

I was carrying an application that permits me to continue living and working legally in the U.S. and to travel abroad. However, before re-entering the U.S., I’m required to obtain a valid U.S. visa stamp in my passport.

I tried my best to explain this to the check-in agent; however, she was adamant in not allowing me to transit through London. This was a Catch-22 situation for me — I could not go to India without my visa stamped in my passport and I could not get my visa stamped unless I visited the consulate in India.

The British Airways check-in staff was very unsympathetic and unhelpful. I was quoted a charge of around $500 to allow me to fly on my return ticket when I said I was ready to fly out to Mumbai with a different carrier. I’ve tried to get a partial refund from the airline for my unused ticket, but it hasn’t responded. Can you help me? — Mita Upadhyay, Corpus Christi, Texas

Answer: British Airways should have made its travel policies regarding visas crystal-clear to you. I checked with the airline, and it insists it did.

In order to transit in the UK without a visa on an Indian passport, you need one of seven types of documents, which may include a valid U.S. visa sticker in your passport or a valid U.S. permanent resident card.

“Our staff in Houston would seem to have been correct to deny this passenger boarding,” said an airline spokeswoman. “There are links on ba.com that allow passengers to check their passport and visa requirements for their journey.”

At the same time, British Airways should have been more compassionate about your situation, in the interests of good customer service. You couldn’t get the required stamp without visiting the consulate in Mumbai. Given your predicament, it would have been a nice gesture of the airline to reroute you on a flight that didn’t require a stopover in London.

But it wasn’t required to do that. Unfortunately, having all your paperwork in order is your responsibility and yours alone. Even if British Airways didn’t disclose its visa requirements on its site, you would have still been responsible. And yes, even if your travel agent had told you otherwise.

Still, British Airways offered a refund of $125 and a $600 flight credit, which represents half of your airfare to Mumbai — an exceptionally generous resolution.

  • Anonymous

    Every traveler MUST be aware of each country s/he visits or transits as part of her/his itinerary. At a minimum, use the IATA’s travelcenter site:
    http://www.iatatravelcentre.com/home.htm 

    Also, because transiting a foreign airport can be COMPLEX, it is best to do your research by “googling” the COUNTRY NAME + TWOV.

    TWOV means transit without visa.

    If you have a travel agent, they can easily access TIMATIC from their GDS.

    Canada and the U.K. are 2 gotcha sites for NON-RESIDENT ALIENS in the USA. If you are one, go through ASIA instead. The Asian airlines are superior compare to British and American carriers anyway, and perhaps cheaper to India.

  • Anonymous

    I’m confused here.
    Indian nationals transiting through the UK are covered by the DATV exemptions system, which means they *don’t* need a visa of any kind to transit through the UK as long as they remain airside and have travel documents valid for their end destination (which includes someone travelling to India on an Indian passport!).When Mita says “a short stopover in London”, does he mean ‘two hours airside in Terminal 5′, or does he mean ‘a couple of days groundside, looking at Big Ben etc’? I can understand the latter would be a problem, but I’m completely bemused as to how or why he would have been denied the former. 

  • Anonymous

    I don’t think that we got the whole story from the OP because the stopover wasn’t defined in the article.  Typically, a stopover is classified more than 24 hours; whereas, a layover is less than 24 hours by most airlines.

    According to this website, http://www.immihelp.com/visas/nonustransit.html, the OP could have transit through London IF he was there for less than 24 hours.

  • Anonymous

    Not according to this document. Indian nationals are in RED and need a transit visa.

    http://www.ind.homeoffice.gov.uk/sitecontent/documents/policyandlaw/carriers/ukvisarequirements.pdf 

    Indian nationals may not TWOV (even using direct airside transit connections)unless they are in possession of one of the following documents:
    (a) a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    (ab) a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in
    respect of which the visa is held to another country or territory;
    (b) a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    (c) a valid USA I-551 Permanent Resident Card issued on or after 21 April 1998; or an expired USA i-551 Permanent Resident Card issued on or after 21 April 1998 provided accompanied by a valid I-797 letter authorising the extension, issued by the Bureau of Citizenship; or a stand alone US Immigration visa Form 155A / 155B (attached to a sealed brown envelope);
    (d) a valid Canadian Permanent Resident Card issued on or after 28 June 2002;
    (e) a valid common format Category D visa for entry to an EEA state or Switzerland;
    (f) a valid common format residence permit issued by an EEA State or Switzerland pursuant to Council Regulation (EC) No. 1030/2002.

    More information here

    http://www.ukba.homeoffice.gov.uk/customs-travel/transitthroughtheuk/visa-transit-airside/

  • Anonymous

    My itinerary involved a short stopover in London.

    I think she meant a stop or connection only.

    BA has 2 flights from Houston to Mumbai via LHR.

    1*O#BA 194   IAHLHR- 435P 725A     744 0E
    2*O#BA 139       BOM-1015A1245A#2   744 0E

    3*O#BA 196   IAHLHR- 840P1130A     744 0E
    4*O#BA 199       BOM- 925P1145A#2   777 0EHer problem is that she needed to go back to her country, go to a US embassy/consulate and from there get a US VISA stamped on her passport. But on her way to her country she needed a route that allowed TWOV for Indian Nationals. Unfortunately, she chose the wrong route.

  • Anonymous

    Sorry, you’re absolutely right. I knew Indian citizens without permanent US residency could nonetheless go through LHR on a US visa, hence my confusion.

  • Anonymous

    That’s why we route Indians and other Asians (who need VISAs in the USA) via Southeast Asia ONLY. Avoid UK and Canada at all cost! It’s just too much hassle and confusion.

  • Anonymous

    Nothing to see here. Customer doesn’t bother to learn what the rules are for travelling to a certain destination and then whines to the Travel Troubleshooter when they find out, usually just before boarding.

    I am not sure if BA offered the compensation before or after Chris was involved. IN any case it looks to be very generous.

  • Anonymous

    That’s not entirely fair. It’s not ridiculous to assume that transitting through an airport (without going landside) will exempt you from the requirements you’d have to meet if you were to actually enter the country.

    And indeed, as someone with a US passport, or someone travelling via Singapore, you’d be correct. Sure, the US doesn’t allow visa-free, immigration-free transit at all ever (hence the stamp in my UK passport showing a 30-minute ‘business’ stay in the US, when my incoming flight from Haiti was very late but AA managed to hold my connection), but it’s almost unique in the world in doing so.The issue here is that the UK (like Canada and Schengen, but unlike Asian and Mideastern countries) imposes punitive restrictions on people from India and Africa (but not North America or Europe) seeking to transfer airside. I only found that fact out *just now*, as a British citizen resident overseas who’s a frequent traveller.

  • Anonymous

    Yes, I’d do the same if I were you.

    Glad (sarcastically) to see my government’s stupid rules are just as good at driving away the next generation of wealthy customers as your government’s stupid rules are ;-)

  • http://suitcasereviews.blogspot.com/ Suitcase Reviews

    I can see your point, i think that everybody should check out travel arrangements before hand, but in this case I dont think it was possible for the person to get it stamped before they travelled to india. Though on the other hand they didnt have a valid pass I guess . . . ..

  • Anonymous

    Even Singapore has tightened their Visa Rules.
    India is an Assessment Level I country and Indian nationals need a visa to ENTER Singapore.
    http://www.ica.gov.sg/page.aspx?pageid=96 

    I suggest Indian nationals go through Hong Kong instead. Cathay Pacific is a wonderful airline.

  • Anonymous

    Yup. I just came back from Southeast Asia. Didn’t hear a lot of whining about foreclosures and debt problems there. It’s time the West realizes that Asians have money!

  • Anonymous

    I wonder is Chris should come up with a site called:

    AskElliott.com

    Travelers can ask questions first before they make big mistakes.

    How about it Chris?

  • http://elliott.org Christopher Elliott

    I love it! I’ll see what I can do …

  • Anonymous

    Hmmm…enlisting the help of professional who knows the industry? What a concept! ;)

  • Anonymous

    some problems are better avoided so they don’t end up in a dispute or a refund.

  • Anonymous

    Add to that a “Find a Travel Agent” section, a la Car Talk’s “Mechanics Files”.  (I know, I suggested this yesterday, but the topic fits here, too.)

  • Bob M

    It’s the passengers responsibilty to all documents in correct order. When is the travelling public going to learn to do something for themselves instead of expecting others to do it for them. It’s like another travel web site I belong to, the simplest stupidest questions, when a little research on the behalf of the Poster would have answered the question, but too lazy or too stupid to do the work themselves

  • http://oussamastake.blogspot.com/ Oussama

    Even when one purchases a ticket directly from the airline office, staff do not advise you of airside visa requirements and not even at check in. The chances are one can transit hassle free without the airside visa, immigration don’t usually check.. I was denied boarding from Montreal to Frankfurt by Air Canada on LH ticket because of a transit visa issue, finally LH put me on a flight to Toronto connecting on an LH flight to Frankfurt after I signed a waiver absolving the airline from any liability; I held a LH ticket to my next destination. LH never bothered to tell me when I bought the ticket or denied me boarding at check in.

  • Anonymous

    The rules are set by hundreds of governments, not by the airlines.  It is the responsibility of citizens of those hundreds of countries to determine what rules apply to them, not the airlines’ responsibility.

  • Anonymous

    I wonder if Chris will also address these issues in his latest ebook series.

  • Anonymous

    Let’s have some sympathy for Mita Upadhyay. As she said she was in a Catch-22 situation. We also don’t know if she was incorrectly advised by other people. Visas, Transit w/o Visa, Health document issues are not your average run-of-the-mill travel problems. It can be perplexing even to the most seasoned travel agents.

  • Anonymous

    True. The real issue is why the UK has to hassle the likes of Mita Upadhyay who is legally living and working in the USA and simply needs to travel back to India to get her passport stamped with a US Visa. BA is fine, it’s the UK regulations that are idiotic.

  • Anonymous

    I know a few Indians who fly back home regularly.  I thought Emirates was pretty popular, and it doesn’t look like they have onerous visa rules if spending less than 24 hours at the airport.  I see plenty of 1 stop IAH-DXB-BOM itineraries.  The return trip looks like the best bet would be a 3.5 hour wait, but outbound means waiting at least 7 hours at the airport up to overnight.  Also – I don’t know if I could handle the 15 hours from Houston to Dubai.  I think there’s a hotel right at the airport terminal.

    Anyone know what “Transit Without Visa” means?  It sounds simple, but I’ve found that simple phrases can be confoundedly complex sometimes.  I’m assuming it means one can remain at the airport for up to 24 hours if holding a ticket to another destination.

  • http://www.bangaloreaviation.com Devesh Agarwal

    I pity all European carriers, but @British_Airways:twitter in particular. Transiting Europe is tough, but the United Kingdom is a special nightmare of rules best described as idiotic, with France not too far behind.

    This is just another reason the European carriers are losing traffic to Gulf and Asian carriers.

    From IAH, I would recommend Qatar Airways to BOM. If one has to transit Europe, I recommend VIE, FRA, HEL, and ZRH as the gateway airports.

  • http://www.bangaloreaviation.com Devesh Agarwal

    Depends on where you are in the US. Do not overlook QR and EK. The fastest connections to India from SFO or LAX to South Asia are on EK and LH.

  • http://www.bangaloreaviation.com Devesh Agarwal

    Tony, Indian nationals need a visa to ENTER Singapore, but not to TRANSIT. India is one of the biggest markets for @SQAirlines:twitter.

    In the past, Indians could apply to enter Singapore (to take the free Singapore tour) while in transit, if they had connections later in the day, with confirmed tickets, and visas for the destination country.

  • Anonymous

    LH? Can Mita TWOV at FRA/MUC without a US Visa stamped Passport. Isn’t this reason for the catch 22?

    I agree with the QR/EK/EY choices though. QR is #1 now.

  • http://www.bangaloreaviation.com Devesh Agarwal

    And lest people not know you are one of the #aviation #gurus of the middle east.

  • Anonymous

    I thought so, too, since most of my Indian friends and their families also take SQ. But I could not read a definitive statement that addressed the situation of Mita (no US Visa stamped in passport.) Will s/he be hassled in transit?

  • Anonymous

    It means you can TRANSIT a country [on the way to another country] without applying for and getting a VISA.

    The definition of TRANSIT is country dependent.

  • Abhijeet Utturkar

    First of all, it’s ‘Travel to India 101′ to know about one’s visa status.

    I see some good suggestions here about traveling to India via southeast Asia.
    Being a frequent flyer to India, I can say that there are definitely some
    options through Europe. One just has to be careful while choosing.

    As of now, Brussels (American Airlines / Jet Airways), Frankfurt
    (United/Continental/US Airways/Lufthansa) and Amsterdam (KLM/Delta) allow
    stopovers for connecting flights from USA to India without a valid US Visa.

    London and Paris do NOT allow connections unless there is a valid (unexpired) US visa stamped, immigrant or non-immigrant.

    Any experienced travel agent dealing with tickets to India/Asia knows these facts as these rules keep changing often.

    I have come across a lot of experienced travel agents in US who often work on domestic or European flights only. They are often unaware of the visa requirements of international transit/connecting passengers through European airports.

    Airlines very often do not display the updated information on their websites. Only the Department of State or similar authority of the country in which the connection takes place has the necessary information. European countries are good about displaying this information in unambiguous manner.

    A lot of immigration forums also discuss about this issue, although these are only guidelines and may not have the most updated information. Google is a powerful tool, as Chris has warned us before.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    I challenge the survey question because I don’t believe it’s the airlines duty to inform people of international travel requirements before they fly. 

    Airlines are responsible for enforcing policy so people don’t get on planes to countries they can’t enter legally but they should not be responsible for providing immigration laws to their customers. This is the responsibility of the US Department of State or the host or transit country’s equivalent. 

    I think BA was far TOO generous in it’s offer for a credit, something they surely didn’t have to do.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    Yes John but there’s one KEY point you’re missing…you’re ASSUMING there is no problem. I would never ASSUME anything when it comes to immigration law and the laws governing my ability to enter a country. I could assume because my passport is valid for two more months I could travel internationally for a two week holiday but I would be wrong. Most countries require a passport to be valid for 3-6 after the return date to travel. We all know what happens when you ASSume things. 

  • http://www.bangaloreaviation.com Devesh Agarwal

    She will not. Because the Singaporeans are concerned with the destination. In Mita’s case she was an Indian citizen destined to India.

  • http://www.bangaloreaviation.com Devesh Agarwal

    She will not. Because the Singaporeans are concerned with the destination. In Mita’s case she was an Indian citizen destined to India.

  • http://www.bangaloreaviation.com Devesh Agarwal

    I merely pointed out the LH offered a very fast connection from the West Coast of the US. To the best of my knowledge Germany does allow TWOV for an Indian national destined to India with transit at the same airport within 24 hours. However if there is a domestic segment involved like IAH>FRA>MUC>BOM then a visa is required.

  • http://pulse.yahoo.com/_TBLTMF2HZ7YNOTJVIOKEKN3MLU Catherine

    My question is simple: why didn’t the traveler return to Mumbai while her US Visa was still valid? When you wait until your documents have expired, you’re at the mercy of every glitch in the legal requirements of every country you travel to/through/from.

  • http://pulse.yahoo.com/_TBLTMF2HZ7YNOTJVIOKEKN3MLU Catherine

    And come to think of it, was it really necessary for her to return to Mumbai to get her Visa renewed? Couldn’t she have accomplished this at an Embassy in the US? 

  • Asiansm Dan

    I think if you don’t get out of the Transit Area you don’t need a Visa. Usually a Travel Agent have quite good information about visa and transit rules, even then, the responsibility is at the traveler, not the Airlines nor the travel agent.

  • Anonymous

    But his US work visa was expired, and he was only carrying an APPLICATION to live and work in the USA and travel abroad legally — the UK will automatically bounce that if the visa is expired and no secondary paperwork will allow for such travel.

  • Anonymous

    Only LEGAL if all paperwork is valid and up-to-date.  Carrying an APPLICATION doesn’t mean it will be approved!

  • Joe Farrell

    This seems rather silly but why didn’t you just fly on Air India from JFK nonstop to Mumbai?   You don’t need any internal US travel documents to go to New York from Houston – then you just get on the Air India flight # JFK . . .. problem solved with no transit issues.

    YOU as the traveler are responsible for knowing the rules because guess what?  The rules apply to you personally, not to the airline. 

    Yes, BA offered an unusually generous resolution because you complained to a journalist who took your case. . . . and reported on it. 

  • Anonymous

    Yeah, I’m with you.

    I have friends who have green cards or are on work visas – a side effect of growing up between NYC and DC.

    These people are always hyper-aware of the necessary paperwork they need to travel and maintain residency.  It is not the responsibility of any carrier to understand the different equivalents of State Departments and travel rules for each country – they only have to make sure that the passenger has the appropriate paperwork that checklists in their system say the person needs.

    I’m trying to figure out why the OP let his work visa expire in the first place.  I can understand it’s not always easy to plan trips overseas, but it’s not like you don’t know when your work visa expires.  There should have been ample time to plan the trip while the visa was still valid.

  • Anonymous

    It IS ridiculous to assume you can do an airside connection with no visa considerations in a country.  The US won’t (as you know), the UK won’t, and I’m sure there are plenty of other countries that won’t.

    It’s not the airline’s job to go over all the various visa requirements with you ahead of time.  It is the travelers responsibility.  (But if you book through a travel agent, they should go over this with you.)

  • Anonymous

    I’ve had coworkers from India who were going to have their visas expire.  In some cases they literraly can’t have it handled in the US.  USCIS can’t extend certain types of visas, and only US consulates and embassies overseas are allowed to issue certain types of visas.

    Sometimes it’s a really nasty bureacracy that one has to deal with.  I think it also gets really messy when a passport is going to expire.

  • Anonymous

    Oh, I understand that you can’t always have it handled in the US.   That wasn’t my point at all – my point was that the OP waited until the work visa expired before attempting to travel. They couldn’t plan their travel more efficiently?

    There’s navigating the bureaucracy, but there’s also knowing you have to do so and being well prepared. 

  • Anonymous

    That’s what I thought it meant, but then again you mention the definition of transit varies.

    Of course I’ve been in transit through various airports, and nobody really ever checked my passport.  I remember spending about an hour at Haneda, although that was a case where we got back on the same plane before heading back to the US.  Someone else in my party had my passport.

  • Anonymous

    I thought that a lot of travelers (especially Indians) avoid Air India at all costs.  It has a lousy reputation.  The Indians I’ve known rave about Singapore Airlines, and I’ve heard Emirates gets good marks too.

    I read one review that equates flying on Air India to being on a run down bus in a major Indian city.

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