Is it technically legal to apply for EC while in UK?

[rella]

Has anyone who is in the UK on a non-HSMP visa, but one not eligible for switching in-country (i.e. student visa), applied for EC via fast-track to the home country consulate while in the UK? Is there any rule that you cannot do this? I've been looking at HO information and the VAF and I can't see anywhere where it says that you must be physically present in the your home country when the application is submitted.

I'm going to contact the consulate and ask about this, but just wanted to bounce this off you guys first and see what you think...

Is it completely nutty or is it possible?

Many thanks!

[Ali_UK]

I was in same situation but i went to my home country and applied there and got it after interview.

What will u do if u r called for an interview and ur passport is with embassy? The best thing is to go to home country and apply from there to avoid unnecessary hassals and tension

Regards

Ali

[rella]

We wouldn't do it unless the consulate were aware of it and okayed it. I just wanted to check into it while we still have some time to make our decision about what to do. We are a family of three and it is going to be terribly expensive to go back. We'd like to avoid it if possible--especially, since we will just be mailing in our applications anyway and flying back just to do that.

[Ali_UK]

From my past experience, Embassy will say that u r most welcome to apply by mail but u will need to come in person if an interview is required.

We are also a family of three. We travelled with 3 months old baby and we even asked home office to consider as special case and process it in uk but they turned down the request

You still have time to think but i see you eventually going to home country to apply

Good luck

Ali

[bani]

hi rella, does this mean you finally got the HSMP approval for EC? i hope so!!

your idea sounds crazy, but if it's ok with the consulate, i don't see why it wouldn't work. you can always go to france and back to activate the new entry clearance. just seems odd to have your passports travel to the US and back without you.

[Kayalami]

Has anyone who is in the UK on a non-HSMP visa, but one not eligible for switching in-country (i.e. student visa), applied for EC via fast-track to the home country consulate while in the UK? Is there any rule that you cannot do this? I've been looking at HO information and the VAF and I can't see anywhere where it says that you must be physically present in the your home country when the application is submitted.

1. This confirms the old adage that a little bit of information can be dangerous. Just because something is not explicitly stated in some forms does not mean it is legal - this is why said forms have a note to the effect that they do not purport to represent the immigration acts, rules and regulations.

2. In answer to the question - No No No. This is illegal and any visa obtained would be null and void. You would be liable for prosecution under both criminal and immigration law with as a minimum a recommendation to deport. Your chances of ever returning to the UK would be nil. You must be physically absent/outside the UK for an EC application - this is why it is known as an application for leave (permission) to enter. How can you make such when you are already here? Likewise you must be physically present/in the UK for an FLR application.

[rella]

Why does the voice of reason have to destroy all of our little schemes and fun?

Kayalami is right that it's not worth risking the whole thing after waiting for a year and half to get the damn thing. Even if I combed the law and saw nothing in writing that this is illegal, if they determine it breaks the rules and interpret it that way, we'd be in a world of trouble....

Bani-- yes, it finally went through. The second application was submitted in March and they sat on it for nearly 5 months. The very morning that we found out it was approved, my husband and I were discussing the possibility that it might be sitting in one of the piles that could be ignored for a year or more (aren't there many summer of 2004 apps still not decided?) and that we may have to assume that we could not stay. But same day we got the approval. So, as long as we can get EC, all is good in the world. I still felt miffed that after the first approval, they changed the approval letter to working for either EC or FLR-- and my guess is that they changed the letter before his first approval expired...but, oh well.. That's life when you're an immigrant.

Thanks for asking.

[bani]

Congratulations, rella!! Glad you got it finally after all the rule and letter changes they've made the last year.