Transit without visa eligibility for Indian passport and common format residence permit by EEA or Switzerland holder

Question

I am planning to travel from Munich to Reykjavík via London using easyJet. The layover at London is overnight. I have a common format residence permit issued by Germany and an Indian passport.

The UK government website states one may be eligible to transit without a visa as long as

you arrive and depart by air
have a confirmed onward flight that leaves on the day you arrive or before midnight on the day after you
arrive have the right documents for your destination (eg a visa for that country)
you have a common format residence permit issued by an European Economic Area (EEA) country or Switzerland

It says "you may be eligible" on the website - what could be the reason one is not allowed to do so?

So I just want to confirm the following

Will I be allowed to board the airline in such a case?
Will I be able to leave the airport and stay outside overnight and take the connecting flight the next day of arrival in London?

I guess it wil be cheaper and easier to avoid the stop in London. — Willeke, Mar 02 '22 at 15:37
Does this answer your question? Is there a way to find out if I need a transit visa for a layover in the UK? — mlc, Mar 03 '22 at 05:35
@mlc My question is more about the ambiguity in the conditions and not the conditions themselves. — Mitesh Mutha, Mar 03 '22 at 11:25
When you add the extra costs for a night in London, the price difference may become very small or in favour for the other airlines. Add in the risk of being denied and I would need a free flight to go via London. — Willeke, Mar 03 '22 at 11:28

score 2 · Accepted Answer · answered Mar 02 '22 at 17:49

It says "you may be eligible" on the website - what could be the reason one is not allowed to do so?

Here "may" is used to indicate that the border force officer is the final decision maker on your application to enter the UK, in contrast to airside transit where normally you would not be assessed by an immigration officer.

The border force officer will assess your eligibility under the immigration rules. The gists are the same as the requirements for transit visa:

you’ll be in transit to another country, with enough funds and the intention to travel on

you can enter that country

the only purpose of your visit to the UK is transit

For example, they may refuse your entry if there are doubts on the genuineness of your purpose to enter the UK; e.g. if your itinerary is not a reasonable one (flying via UK despite cheaper and shorter flights that are available or itineraries not proposed by airlines). They can also refuse entry for normal grounds of refusal e.g. criminality.

Will I be allowed to board the airline in such a case?

Yes, if you bought a single ticket and the airlines can confirm your connecting flight.

Thanks for your reply. Do you think the same would apply if it is 2 separate tickets with the same airline and not a single combined ticket? I am asking since that works out cheaper. — Mitesh Mutha, Mar 03 '22 at 11:29
@MiteshMutha It may or may not work, you have to check with the airlines, whose ground staff may well apply different rules. — xngtng, Mar 03 '22 at 12:37

Transit without visa eligibility for Indian passport and common format residence permit by EEA or Switzerland holder

1 Answers1