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Old Nov 11, 2017, 6:56 am
  #1  
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[Denied Boarding] Direct Airside Transit visa exemption + BA check-in staff

Update: If anyone is thinking to try this, be very careful. My partner was denied boarding in DXB. I believe they were incorrect to do so. Read more about it in post 27 further down the thread.

My other half and I have a DXB-LHR-BUD flight with BA. Five days later we have a BUD-ARN and then ARN-DOH-MEL flight.

She is a citizen of Belarus. She has a valid tourist visa for Schengen (Hungary) and for Australia. She's had a tourist visa for the UK in the past, but this has now expired.

At LHR, we have a 4 hour connection, but will stay airside. According to gov.uk site, citizens of Belarus need a direct airside transit visa for connecting at LHR. However, according to this page there is an exemption if you already have a visa for Australia.

The visa for Australia is digital, however she has a letter received by email which is a "notification of grant of a Visitor visa".

As you can probably imagine, this is a rather obscure path with the Australian visa exemption. I'm already anticipating problems at check-in in DXB as my experience with check-in staff understanding visa requirements hasn't been great in the past.

So my questions is, is there anything I can do in advance to make this journey smoother?

Last edited by Frequent flyer 101; Jan 8, 2018 at 2:56 pm
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Old Nov 11, 2017, 7:17 am
  #2  
 
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I would not say that the Australian visa exemption is an obscure path as that visa can be used for travel to any country rather than en route to Australia. However, you are absolutely correct that problem may occur during check-in because of the visa requirements and the Australian visa being a digital one. I would apply for a transit visa, if it is not too much hassle, to ensure a smooth journey.
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Old Nov 11, 2017, 7:29 am
  #3  
 
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I think you'll be fine. My understanding is that the transit exemption for visa-holders is pretty common, particularly for Indian nationals with US or Canadian visas of which BA carries many through LHR on a daily basis.

I would just ensure you get to check-in with plenty of time, and have link and print-outs of the .gov.uk page you've linked to above ready to show, along with print-outs of your visa letter, itinerary and any other relevant docs.
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Old Nov 11, 2017, 7:35 am
  #4  
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Originally Posted by Andriyko
However, you are absolutely correct that problem may occur during check-in because of the visa requirements and the Australian visa being a digital one. I would apply for a transit visa, if it is not too much hassle, to ensure a smooth journey.
I see that Timatic says the following. The bolded warning note seems important.

I imagine that BA at either LHR or SIN could be relied on to be able to verify the Australian electronic visa, but it would seem worthwhile to check with BA whether the handling agent at DXB will be able to do that.

That is the advice given on the gov.uk page already linked to by the OP: "E-visas or e-residence permits are not acceptable unless your airline is able to verify it with the issuing country. Contact your airline for more information."
Code:
Information as of  11NOV17 / 1428 UTC
National Belarus (BY)
Embarkation United Arab Emirates (AE)
Transit United Kingdom (GB)     /Destination Hungary (HU)
ALSO CHECK DESTINATION INFORMATION BELOW
United Kingdom (GB)

TWOV (Transit Without Visa):
Visa required, except for Passengers holding confirmed onward
tickets making an airside transit at London Gatwick (LGW),
London Heathrow (LHR) or Manchester (MAN) on the same calendar
day to a third country (excluding Ireland (Rep.)).The
following conditions must be complied with:
- passenger must arrive and depart by air; and
- passenger only intends to transit through the United
Kingdom; and
- passenger must hold all documents required for the next
destination; and
- passenger must not leave the transit area; and
- passenger travels with a document listed in the following
warning(s):
- ***Warning*** Passengers may make an airside transit if
holding a valid entry visa issued by Australia, Canada, New
Zealand or USA. (SEE NOTE 57398)
NOTE 57398: E-visas or e-residence permits are only
accepted for airside transit when the airline is able to
verify it with the issuing country.
- ***Warning*** Passengers may make a airside transit if
holding a valid "D" visa issued by an EEA Member State
or Switzerland. (SEE NOTE 57398)
NOTE 57398: E-visas or e-residence permits are only
accepted for airside transit when the airline is able to
verify it with the issuing country.
- ***Warning*** Passengers may make an airside transit if
holding a valid biometric visa issued by Ireland (Rep.)
endorsed "BC" or "BC BIVS" in order to transit to a
destination other than Ireland (Rep.). (SEE NOTE 57398)
NOTE 57398: E-visas or e-residence permits are only
accepted for airside transit when the airline is able to
verify it with the issuing country.
- OR:
Visa required, except for Passengers holding confirmed onward
tickets passing through United Kingdom immigration to make a
landside transit to a third country on a flight that departs
before 23:59 the next day. The following conditions must be
complied with:
- passenger must arrive and depart by air; and
- passenger must have no purpose in entering the United
Kingdom other than to pass through in transit; and
- passenger must hold all documents required for the next
destination; and
- passenger must pass through United Kingdom Immigration; and
- passenger travels with a document listed in the following
warning(s):
- ***Warning*** Passengers may make a landside transit if
holding a valid visa which allows entry into Australia,
Canada, New Zealand or USA and traveling as part of a
journey to, from or transit through the country that has
issued the visa.
Landside transit is not available if holding a US Visa Foil
type "YY" or "ZZ" endorsed "Not a visa. Foil prepared at
DHS request" nor the US Adit stamp worded "Processed for
I-551" (temporary form I-551).
- ***Warning*** Passengers may make a landside transit if
holding a valid common format "D" visa issued by an EEA
or Switzerland. (SEE NOTE 57399)
NOTE 57399: E-visas or e-residence permits are not
accepted for landside transit.
- ***Warning*** Passengers may make a landside transit if
holding a valid biometric visa issued by Ireland (Rep.)
endorsed "BC" or "BC BIVS" and traveling to Ireland (Rep.).
(SEE NOTE 57399)
NOTE 57399: E-visas or e-residence permits are not
accepted for landside transit.
Additional Information:
- Valid visas in expired travel documents are accepted if
accompanied by a new travel document.
- There is no passport control on traffic between Great
Britain and Northern Ireland and Ireland (Rep.).

- Leave to remain issued by Guernsey, Isle of Man or Jersey,
which are in the form of wet ink stamps, are also valid for
entry into or transit through the United Kingdom.
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Old Nov 11, 2017, 9:35 am
  #5  
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Good point Globaliser. The site does indeed say that the airline needs to verify it with the issuing country. I called BA to ask about this and spoke to what sounded like an Indian call center. They were clueless and just said to contact the embassy (no idea which one).

I'm wondering who actually performs this validity check when departing Dubai. Could it be the DXB immigration? Or is it definitely the airline?
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Old Nov 11, 2017, 9:47 am
  #6  
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Just researched this a little further. I found this page on the Aussie govt website: https://www.border.gov.au/Trav/Visa/Visa

Code:
Australian visa holders can provide evidence that they have the authority to travel to, enter and/or remain in Australia by showing their passport or ImmiCard that is linked to their electronic visa record.​

Airlines that fly to Australia must provide details of all passengers to Australian immigration and customs authorities ahead of their arrival in Australia.

When you check-in for your flight to Australia, airline staff will use your passport details or ImmiCard to check if you have a valid visa to travel to Australia before allowing you to board the aircraft. This is processed electronically using the Advance Passenger Processing (APP) system.

If you are not flying directly to Australia, you may request your airline to undertake a TIETAC check (inquiry function within the Electronic Travel Authority System) or request an APP check through their partner airlines flying​ to Australia to confirm whether you have a valid Australian visa. This will avoid unnecessary delays at the airport.
I presume since BA does fly to Australia, that they would be able to verify this using the TIETAC or APP system mentioned above?

However, I'd also predict that the BA check-in staff at DXB don't have to use this process very often so may be unfamiliar with it. I supposed they could contact BA at LHR or QF at DXB who may be familiary with this verification process.
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Old Nov 11, 2017, 10:05 am
  #7  
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Originally Posted by Frequent flyer 101
However, I'd also predict that the BA check-in staff at DXB don't have to use this process very often so may be unfamiliar with it.
That's exactly the question in my mind. It's an airline check, just like the airline checks for a valid passport etc.
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Old Nov 11, 2017, 12:41 pm
  #8  
 
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Originally Posted by Globaliser

I imagine that BA at either LHR or SIN could be relied on to be able to verify the Australian electronic visa, but it would seem worthwhile to check with BA whether the handling agent at DXB will be able to do that.
The problem is that there is almost no way to verify it with the airline in advance. Call centre staff won't be able to give an answer, and short of going to the airport and speaking to the agents there I don't see how one can get an authoritative advice.
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Old Nov 11, 2017, 12:47 pm
  #9  
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Your wife is protected under EC261/2004, since BA is still an EU carrier, flying to an EU destination (LHR).
If BA DXB denies her boarding, she is entitled to a compensation payment of EUR 600 and a free reroute. If BA denies the free reroute, the OP may charge the full cost of the replacement ticket to BA.

BA can be sued either in the UK or Hungary.

Your wife should escalate the matter to the BA supervisor at DXB. The staff at check-in is certainly outsourced and generally clueless.
You should bring the Timatic printout, as well.
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Old Nov 11, 2017, 1:02 pm
  #10  
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Originally Posted by warakorn
Your wife is protected under EC261/2004, since BA is still an EU carrier, flying to an EU destination (LHR).
If BA DXB denies her boarding, she is entitled to a compensation payment of EUR 600 and a free reroute. If BA denies the free reroute, the OP may charge the full cost of the replacement ticket to BA.

BA can be sued either in the UK or Hungary.

Your wife should escalate the matter to the BA supervisor at DXB. The staff at check-in is certainly outsourced and generally clueless.
You should bring the Timatic printout, as well.
Thanks for that info, it's certainly helpful to know.

What is the Timatic printout you mention? I Googled it and found this site: https://www.timaticweb.com/. Not quite sure what its for though.
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Old Nov 11, 2017, 1:10 pm
  #11  
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Not shockingly, the conversation devolves from OP's question of what he can do to make the journey "smoother" to advice about what to do if denied boarding. The latter is all very well and nice, but to those who have a purpose to their travel beyond suing air carriers for petty sums, the prospect of EC 261/2004 does little and local staff could care less.

TIMATIC indeed is the source of information because it is what BA will consult at check-in. Even for the most "obscure" of routings and other factors, it will provide an answer. Moreover, carrier personnel are trained to consult TIMATIC and will not be swayed by what a passenger purports is external advice. Staff are not lawyers nor should they be.

BA has centralized assistance for its staff (and outsourced staff) and will attempt to do the verification. You simply cannot be assured of its working correctly.

If the goal is to get to BUD in the first instance, do take the advice for "smoothness". If you are willing to undergo some time wastage, get to DOH as early as possible. Consider the risks and the distinct possibility that if BA attempts, but cannot verify that your wife would be denied boarding and that BA might well rightfully claim that its denial was reasonable and thus EC 261/2004 denied boarding compensation not payable.

Lastly, I presume that you have a different citizenship/residency situation than your wife as you are not asking about your issue. If your wife is denied boarding and you voluntarily choose not to continue on alone, you are not due anything.
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Old Nov 12, 2017, 2:10 pm
  #12  
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Is her visa for Hungary a D visa?
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Old Nov 12, 2017, 2:20 pm
  #13  
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Originally Posted by stifle
Is her visa for Hungary a D visa?
Nope, C category. It's a tourist visa.
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Old Nov 13, 2017, 6:13 am
  #14  
 
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I'm afraid that your wife will need a transit visa.

The BA system will not allow the agents to check your wife's Australian visa. A check would happen automatically if travelling to Australia but there is no manual option available for an ad-hoc check.
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Old Nov 13, 2017, 7:07 am
  #15  
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Originally Posted by Smithy
I'm afraid that your wife will need a transit visa.

The BA system will not allow the agents to check your wife's Australian visa. A check would happen automatically if travelling to Australia but there is no manual option available for an ad-hoc check.
I think it's more basic even that that. The DAT exemption for those with Australian visas is for those travelling 'directly' to Australia... which you are not. In this case you are going to BUD, which is not in Australia. In airline terms, 'direct airside transit' is under 24 hours. If you were going immediately -LHR-BUD-ARN-DOH- then you could definitely argue it applies. But the 5 days in BUD means that Hungary is considered your destination on this occasion, and transit arrangements for journeys there apply.

ICBW of course, but this is how I read it.
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