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.