Can i only apply from my native country?

[alisal]

Hi;
I'm a Pakistani national living and working in Canada. My family lives in Pakistan. I want to apply for Tier1 General, can i do it from Canada or i've to go to Pakistan to apply?

Thanks

[vinny]

Paragraph 28 of the Immigration Rules states that:
'An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Any other application must be made to the post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he/she is living'.

7.2. Definition of "living"

There is no precise definition of the word "living" as contained in the Immigration Rules but the relevant rule has been so worded to allow posts to operate with a degree of flexibility, discretion and common sense. In general terms 'country or territory where the applicant is living' refers to the place where a person is present in any capacity other than as a short-term visitor and has permission from the relevant authorities to be so.

In dealing with enquiries, caseworkers should refer potential applicants to the wording of the Immigration Rules (Paragraph 28) and may also suggest that British Missions abroad be contacted directly to ascertain whether an application would be accepted there.