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I am Indian citizen

Came to US: Sept 2013

US Visa Type: H4 (My husband has valid H1B and i797 valid till Sept 2015)

US Visa Validity: Sept 2015

In Nov 2014, I am planning to travel to India via London airport through Virgin Atlantic airline. I have to visit London only because my flight US->Londing->Bombay (Same airlines and checked baggage will be delivered directly to Mumbai Airport india.

I checked on UK gov website regarding Transit Visa and wording is totally confusing and nobody understand what they say.

Can anybody say YES/NO whether i need UK Transit Visa? My US visa is valid till 2015 and I am an Indian citizen. Travelling in Nov 2014.

Any prompt help is much appreciated.

hippietrail
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Jigisha
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    @Karlson You sure about duplicate? There suggested to go to site and check but result on that link is not easy to analyze. UK Gov website not saying anything clear whether i need to have Transit VISA or not. Based on my visa and nationality there has to be single answer "YES" or "NO". But everybody keeps answering something weird. – Jigisha Aug 08 '14 at 20:46
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    Because besides your nationality the source or destination of travel and other visas you may hold can play a role in your needing a Transit Visa. If you follow: https://www.gov.uk/check-uk-visa/y/india/transit/no and check the exemptions you will find that you will need a transit visa since you've entered US more then 6 months you won't need one on the way back. – Karlson Aug 08 '14 at 20:53
  • It's true that the rules aren't particularly clear. Short of trying your luck at the airport or waiting for someone who has been in your exact situation before, there are two things you might want to try: (1) ask the airline (to find out about their interpretation of the rules, as they will be the first to assess your visa situation, long before you set foot in the UK) and (2) contact the UKVI – Relaxed Aug 09 '14 at 01:01

2 Answers2

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NO, you don't need a UK visa. Simple.

It's very plain and simple and honestly I don't understand why the wording is confusing you. As the Gov.UK website mentions for your conditions,

  • are 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

That's it. This condition applies to you and exempts you from the transit visa requirement. Nothing else matters after this anyway. The I-797 story you mentioned is for US Permanent Residents who are waiting for their Residency Card to be renewed.

You have a valid US visa, period. You don't need a UK visa (only to transit, so you should not try to cross border control with this i.e. you cannot enter the UK, you can only remain in the transit region of the airport).

Aditya Somani
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  • But that's not what the sentence you're quoting is saying?! What about the “6 months since you last entered that country” clause? – Relaxed Aug 09 '14 at 07:13
  • Well you are right per se. But I perceived it as - as long as your visa has not expired more than 6 months ago. If you still have a valid visa and you are allowed to go "to" the country without a transit visa, you are allowed to come without a transit visa as well it seems. I say this because I have tried this in practice and know many others who have as well (all Indian citizens with F1 visas) – Aditya Somani Aug 09 '14 at 07:35
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    @AditySomani It sounds like a reasonable interpretation and could presumably be a way to deal with people returning from the US without valid visa (as that's not required to stay in the US if you have valid status) but it's phrased somehwat more clearly, e.g., in Schengen regulations. That's precisely what I find confusing about the website. – Relaxed Aug 09 '14 at 07:38
  • @Relaxed Yes, you are absolutely correct. I kind of agree now that my interpretation of only this sentence is uncommon. I'll edit the answer to add the other sentence as well and add a written clarification for future users. – Aditya Somani Aug 09 '14 at 07:40
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From the site in the Duplicate:

If you will be passing through Customs:

Leaving the airport
Apply for a Visitor in Transit visa if you’ll be going through UK border control but leaving the UK within 48 hours.

You can also apply for a long-term Visitor in Transit visa if you can prove you need to frequently pass through the UK over a longer period.

Otherwise, if only a Gate Change is needed:

You should apply for a Direct Airside Transit visa if you’ll be changing flights in the UK without going through immigration control.

eyoung100
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    This is wrong. There is no need for a visa if a valid visa for US is available only if the destination is the US. When coming from the US if the length of stay is more then 6 months a visa is necessary unless Green card is available. – Karlson Aug 08 '14 at 21:15
  • you just contradicted yourself My answer agrees with the last comment you made in the OP's question, and you're now saying it's wrong??? According to the site I read and the one you posted earlier, she needs a DATV(September to August is 9 months), so am I still wrong. If I am, no wonder she's confused – eyoung100 Aug 08 '14 at 21:21
  • You can Skip Applying for a Visa if you have a Valid Visa, which you indicate you already posses - your first premise. Which is completely conditional on the destination of travel, so yes it is wrong. Conditions matter. That is why the answer from a duplicate question is worded exactly as it is. – Karlson Aug 08 '14 at 21:33
  • I'll Edit it then to clarify what I meant – eyoung100 Aug 08 '14 at 21:37
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    Thanks for the answer. I was going through exemption list and not able to understand this - "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)". I have valid i797 letter issued in 2012 valid till Sept 2015. Are they talking about same? or something else. That is what is confusing to me. – Jigisha Aug 08 '14 at 21:42
  • @Jigisha No, because the Rule is "issued on or after 21 April 1998" in your case is False as you are in the US on a Visa, OR or an I-797 extension letter issued by the Bureau of Citizenship if it’s expired), which is also False, because yours ISN'T expired. Applying for Citizenship and becoming a citizen will set both of these to True, as the Bureau will Expire your I-797 if it's valid when you become a citizen, and you will receive a residence card. This Residence Card exempts you, because you can apply for a Passport. – eyoung100 Aug 08 '14 at 21:54
  • If you go to the site, as I did, that Kosher recommended, and choose Coming from USA, and Traveling Elsewhere, it states that I don't need a Visa, because my Passport would count as Identifying my Country of Origin. Since A Visa is temporary, your Country of Origin is Still India, therefore your Passport in that Question is also India. i.e. If your Visa expired today, your Country of Origin would still be India. – eyoung100 Aug 08 '14 at 22:00
  • Thanks all for the help. So i have to go for Transit Visa in this case for my US to India journey. These EU countries are totally messing up globalization. I am Indian residents and coming from US - where i have valid visa, then also i can't move forward. Why this G8 nations oppose this pathetic and illogical policies. Anyway thanks for the quick help. – Jigisha Aug 08 '14 at 22:01
  • I'm sorry you feel that way, but you are not a US Citizen as the Visa you were issued is a Temporary Document. Passports and Visas for all countries are all used to identify your country of origin, not your country of residence. Since the Visa cannot count as a Passport you must apply for the DATV – eyoung100 Aug 08 '14 at 22:06
  • Your answer got more confusing then before. There is no comparison or equivalence to the rights of US citizens with H1B. The visa also plays a role for TWOV when entry to the US is less than 6 month old and flight is from the US. – Karlson Aug 08 '14 at 22:36
  • I won't argue, I'll remove it... – eyoung100 Aug 08 '14 at 22:40
  • @ECarterYoung A permanent residency in the US is not a US citizenship. Your permanent residence and country of origin. Oh dear, these are all very very very different things. The OP is an Indian Citizen and that's how it will be until the OP revokes their Indian Passport. Any amount of visas or residency cards do not change that. – Aditya Somani Aug 09 '14 at 05:30