Was I wrongfully denied boarding for a flight where the airliner lands to a gate that doesn't directly connect to the international part the airport?

Question

I'm a Turkish national. I currently reside in Germany and I have a type D visa as well as a residence card, both issued by Germany. I was in Oslo, and to go back to Turkiye I could only afford a transit flight through the UK (London). I checked Timatic Web and the requirements for my profile were:

Transiting without a visa is possible for:

Nationals of Turkiye transiting through London (LHR) or Manchester (MAN) with a confirmed onward ticket for a flight to a third country on the same calendar day. They must:

• have a "D" visa issued by Germany, and
• stay in the international transit area of the airport, and
• have documents required for the next destination.

I'm sure that I had all those required documents. But I was denied boarding by Norwegian Air Shuttle on the basis that the flight only lands in a gate that does not connect to the international area of the airport.

Is this a legitimate basis for being denying boarding? If so, do I have the right to make any claims for refunds? And if I was wrongfully denied boarding for this flight, how can I reclaim my rights under the EU's 261?

Answer 1

According to their website, the only airport in the London region that Norwegian Air Shuttle fly to is London-Gatwick (LGW), so presumably that was the airport you were flying through.

Unlike London Heathrow, London Gatwick does not have an "international transit area" - instead all arriving passengers must pass through immigration, even if they are connecting to another international flight. Doing this would require legal authority to enter the UK, which you did not have - thus you were correctly denied taking this flight.

The text you've quoted from Timatic specifically states that it covers "London (LHR) or Manchester (MAN)", however you were not travelling through either of these airports, so this text is not relevant.

If you had been flying a different airline, and had been travelling via London Heathrow, then you would have been able to travel (presuming that connection allowed you to stay airside - most, but not all, do).

So yes, you were correctly denied boarding, and as a result have no recourse under EU261 or any other means - having the correct visas/etc is always the responsibility of the passenger, and you didn't have what was required for this itinerary.

Answer 2

Whether the traveler could transit airside seems to be irrelevant. A Turkish citizen holding either a valid D visa or residence permit issued by an EEA state (e.g. Germany) meets to requirements to enter the UK under landside transit without visa rules. So, the traveller would have been able to enter the UK as long as their onward flight was scheduled to depart by the next day. The rules are available here: https://assets.publishing.service.gov.uk/media/65ce4119e1bdec0011322213/UK+Visa+requirements+February+2024.pdf

A query on Traveldoc also confirms this:

Direct Airside Transit Visa (DATV) is not required for passengers holding a valid Common Resident Format Residence Permit issued by a European Economic Area member state or Switzerland, when transiting Gatwick Airport (LGW), London Heathrow Airport (LHR) or Manchester Airport (MAN) and the passenger's next destination is not Ireland. Passenger must hold an onward flight, correct documentation for their destination and depart the same calendar day. E-visas or e-residence permits are not acceptable unless the airline is able to verify it with the issuing country.

Visa is required for passengers who leave the international transit area of the airport to transit land-side, or otherwise have to pass through border control.

This does not apply to passengers holding a confirmed onward ticket to depart the United Kingdom by air before the end of the next calendar day, and one of the following exemption documents (electronic visas or residence permits are not accepted) provided complying with any conditions specified:
[...]

• Valid category "D" visa or common format residence permit issued by a European Economic Area member state or Switzerland;

I do not know the exact procedures for claiming compensation in this case for you. Maybe someone else can shine light on this.