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visa application to the UK whilst living illegal in another

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TC5362
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visa application to the UK whilst living illegal in another

Post by TC5362 » Thu May 26, 2011 2:11 pm

Is it possible to make a visa application to a foreign UK embassy when you are staying there illegally? This is the marriege visa am talking about.

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Casa
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Post by Casa » Thu May 26, 2011 2:12 pm

You can only make an application from a country where you are legally resident. Where are you living at present and what nationality to you have? What nationality does your spouse have? Are you already married?
Edit: I've trawled through your previous posts (it helps to keep to one thread). You appear to be in Malawi and need to apply in South Africa.
Are you living illegally in Malawi?
I've checked your IP address. How are you posting from the same IP as members Hgua and Brummie123 who say they are both currently in the UK? 8)

TC5362
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Post by TC5362 » Thu May 26, 2011 4:36 pm

Every post I make is not necessarily about me. This is a case I know of a friend(SA citizen but is in malasia). Yes they are married and the wife is british and have everthing they need to make and application except his legallity is malasia. He was thinking how expensive is will be to go back home other than just doing it in malasia after all he thought this has nothing to do with the malasian immigration or government. Thanks

Greenie
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Post by Greenie » Thu May 26, 2011 4:44 pm

whilst the UKBA do state that applicants should apply from the country of their nationality/where they are lawfully resident and this is usually advisable, there is nothing in the immigration rules that require this. I have also dealt with plenty of applications where applicants are living illegally in another country (for example it is very common for Zimbabweans to be living illegally in South Africa and I have not had problems with these applications being considered by the High Commission in Pretoria).

The problem you may have is whether Malaysia will allow him to leave the country given he is there illegally. If they won't then the British Embassy may refuse to consider the application.

Is he going to have a problem with the authorities there when he tries to leave? I've had problems with for example, TUrkey in the past who would not permit a lady to leave Turkey for the UK (she was a national of Iran) without having an exit visa, which they would not issue unless she regularised her stay in Turkey. In her case as her husband was a refugee in the UK we had to get her recognised as a refugee by the UNHCR in Turkey. The British Embassy would not consider her entry clearance application until this situation had been resolved.

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Casa
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Post by Casa » Thu May 26, 2011 4:55 pm

You say in earlier posts that you're applying from Malawi but your IP address along with the two other members posting from the same IP tells me that all three of you are actually in the UK.

Greenie
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Post by Greenie » Thu May 26, 2011 5:05 pm

Casa wrote:You say in earlier posts that you're applying from Malawi but your IP address along with the two other members posting from the same IP tells me that all three of you are actually in the UK.
Don't you think 'Inspector Casa' has a good ring to it ;-)

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Post by Casa » Thu May 26, 2011 5:08 pm

Inspectorette please :wink: Maybe lucky I'm not an ECO :?

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Post by jrge » Thu May 26, 2011 9:11 pm

@ casa & greenie:

Is this also the position for those applying for an EEA Family Permit while "illegally" in the USA? Is there any documented case?

There's another OP (http://www.immigrationboards.com/viewtopic.php?t=78755) that can really use some good help!.

Thank you!
Life is short, so let's get moving!
* Passport received: Family Permit approved AUG-22, 2011
* Landed in the UK: DEC-04TH-2011
* Received RC: MAR-21ST-2012
* Back to North-America Jul 2012

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