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abc_hsmp
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Post by abc_hsmp » Tue Aug 14, 2007 2:46 am

hi, i am an indian passport holder with HSMP and been living in UK for 5 years. I am travelling to Mexico frm london via Madrid. Will I need a transit visa for Spain even if I just hv connecting flights from Madrid. Plz help.

Docterror
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Post by Docterror » Tue Aug 14, 2007 10:55 am

According to thisGerman Consulate website,
Indian nationals generally require an Airport Transit Visa as well as a regular Transit Visa for the Schengen Area.

There are, however, the following exemptions for Airport Transit Travellers only:

Indian nationals who

- are holding a visa or a residence permit for a member country of the European Union or the European Economic Area (EU plus Norway, Iceland and Liechtenstein) and travel to the country which issued this visa or residence permit

or

- are holding a valid visa or any other residence permit for the USA (incl. advanced parole on Form I-512-L), Canada or Switzerland and travel to the country which issued that visa or residence permit

or
- return to India after a legal stay in the USA, Canada or Switzerland

do not need an airport transit visa.
Since Spain is also a part of the Schengen territory, I guess you will have to abide by the circumstances.
Jabi

alan and oscar
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Post by alan and oscar » Fri Aug 17, 2007 11:50 pm

Are you travelling with the same airline throughout? eg Iberia London/Madrid and Madrid/Mexico. If so, I suggest you ring the airline for clarification.

My partner, Oscar, had a similar issue a few months ago. He is colombian and I (British) am his civil partner. He went to Colombia via Madrid (travelling alone), using Iberia for both flights. If you are faced with this position, I would ALWAYS recommend using the same airline for both flights, even if it is more expensive. (or use a direct flight, if there is one) I was panicking a bit before he went, because, although he has had schengen visas, he did not have one at the time. At the last minute, I checked if he needed one and read inconsistent information on various websites, some saying he needed a transit visa and some that didn't. I think you will find the same inconsistent information for your position. I THINK the position is that if he had had ILR in the UK, there would have been no question of a problem, but he only had a 2 yr limited leave to remain. However, I also found info which said he didn't need a transit visa, which I printed out for Oscar to carry with him (tho he didn't need it).

The problem may be if you are using different airlines for the flights and they operate from different terminals at Madrid. The rationale for the transit visa is that somebody might purchase a ticket for south america as a way of getting into the EU, and not travel the rest of the journey. If you have to change terminals, there is nothing to stop somebody leaving the terminal and staying in spain illegally. (I know you would not be doing this, I am just saying why the terminals are important).

As I say, Oscar had no problem because the arrival for London and the departure to Bogota was in the same terminal and he never went through immigration. His bags were also checked through to Bogota from London directly.

By all means, post a bit more info on your flight details but the best bet is to ring the airline for confirmation (if there is only one airline involved).

I would not apply for a transit visa without checking with the airline first as this could be unnecessarily time-consuming and costly. Obviously, if you want to be extra safe, then apply for one, but I would check first (and preferably get something in writing) as Oscar did not (for his journey) need one. Please don't take this as advice to travel without a transit visa. You will need to check as this is a situation where you might find the rules being operated differently depending on what side of the bed somebody got out of! I am only sharing our experience because there are similarities. It is very unfortunate that it is impossible to travel to some countries in South/Central America without going via Madrid/Paris so there may be others on this board who have had similar experiences.

Good luck!

alan and oscar
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Post by alan and oscar » Sat Aug 18, 2007 12:03 am

Further to my last post, I have just realised that when Oscar went alone (in March this year), he flew on two Air France flights via Paris (ie London - Paris, Paris - Bogota), not via Madrid. We also went together last summer when via Madrid on two Iberia flights (ie London - Madrid, Madrid- Bogota). In neither case did he have a Schengen visa covering the period in question or any airport transit visas. I have a feeling that Colombia was added to the list of countries that needed a transit visa between August last year and March of this year, so I was more worried about the March trip. However, as I said before, he had no problems.

I think the answer remains the same, however, namely you should check with the airlines and identify the terminals for arrival/departure.

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