Flight to US

[AmeenaTutu 0]

My husband received is IR1 visa. We have our flights booked and have a 22.5 hour layover in the UK. The layover has us landing in the UK via Heathrow and flying out of the UK via Gatwick.

I'm trying to determine if my husband, and Indian passport holder, will need a visa for the layover in the UK.

Per https://www.gov.uk/check-uk-visa when I go through the following questions:

What Passport Do you Have? - India

What are you coming to the UK to do? - Transit (on your way to somewhere else)

Will you pass through UK Border Control? - Yes

Basis these answers, here is the outcome:

You’ll need a visa to pass through the UK in transit

You should apply for a Visitor in Transit visa if you arrive on a flight and will pass through immigration control before you leave the UK.

Transiting without a visa

You might be eligible for the ‘transit without visa concession’ if:

• you arrive and depart by air
• have a confirmed onward flight which leaves within 24 hours
• have the right documents for your destination (eg a visa for that country)

One of the following must also apply:

• you’re travelling to Australia, Canada, New Zealand or the USA and have a valid visa for that country
• you’re travelling from Australia, Canada, New Zealand or the USA and it’s less than 6 months since you last entered that country with a valid entry visa
• you have a valid US permanent residence card issued on or after 21 April 1998 (or an I-797 extension letter issued by the Bureau of Citizenship if it’s expired)
• you have a valid Canadian permanent resident card issued on or after 28 June 2002
• you have a valid uniform format category D visa for entry to a state in the European Economic Area (EEA)
• you have a valid uniform format residence permit issued by an EEA state

The ‘transit without visa concession’ is decided by the immigration officer at the border. You won’t be allowed to transit if they decide you need a visa, so you might want to apply for a transit visa before you travel

Under the Transiting Without A Visa section, the first 3 bullets apply, and under the "One of the following must also apply" the first bullet is applicable.

We're just passing through, have our tickets to the US, and he has a valid US visa.

Do I need to acquire a UK transit visa before we leave India? Or do we fall into the Transit without visa concession population? It says it's decided by the immigration officer at the boarder. Basis that, is it safe to fly without a visa, and once we reach, if they want him to have one, we can get one there, or do we need it ahead of time?

Thanks!

[Boiler 45,533]

You want to go through Immigration? You have a long lay over?

[AmeenaTutu 0]

It's a 22.5 hour layover. We'll have to go through Border Control because we need to collect our bags in order to go to the other airport. Is Border Control the same as Immigration?

[Boiler 45,533]

Yes

[AmeenaTutu 0]

will they give the visa upon arrival or do we need to acquire it before we leave India? If yes, does anyone have any ideas on processing time, etc.

[Sam and Fen 41]

Tecnically he has an IR1 (Green Card) and should not need a transit visa.

It really depends on the agent and what he knows about IR1 so to be sfae get a Transit visa.

[Sam and Fen 41]

Reading your original post again, looks like he wont need a transit visa.

All this applies to him.

• you arrive and depart by air
• have a confirmed onward flight which leaves within 24 hours
• have the right documents for your destination (eg a visa for that country)

and from the second list this also applies.

you’re travelling to Australia, Canada, New Zealand or the USA and have a valid visa for that country.

[AmeenaTutu 0]

Thanks Sam and Fen. I was thinking the same. It appears we meet the requirements and he won't need one. I can't determine, if it is required, whether we can get it there.

[cathy2904 97]

I'm certainly not sure about this but I think that the fact that you will be arriving at one airport and leaving from another might be an issue. It might be safer to apply for the transit visa.

[SVL 3]

Email the British embassy/high commission and get confirmation that transit visa is not needed to go from One airport to another during transit.

Edited April 6, 2014 by SVL

[AmeenaTutu 0]

Thanks SVL. I have emailed them and am waiting for a reply. As we're getting down to the wire, I hope to hear something soon! Thanks!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to UK regional forum; topic is about UK visa requirements and not about the US spousal visa process itself.