applying for an spouse visa while still in the UK

[worried man]

Hi, although I have only posted once I can say that these boards have been extremely useful in answering so many of my questions. I am about to leave the uk to apply for an entry clearance from my country of origin (Brazil) however after having yet another look on the previous posts I came across a post from someone called coco (I think) who was in a similar position I am now and what made me curious was the fact that this person applied for an entry clearance with her local embassy while still in the UK! (she sent her passport by DHL to her cousin in her country of origin who then applied o her behalf and she just left the UK when for the interview at her local embassy once she was given the date of the interview)

My main question is this, is this procedure legally accepted? could I do the same? As I understand, you have to be in your country of origin when applying for an Entry Clearance, isn't that right?

Any answers would be extremely useful.

thank you already

[ppron747]

I have to say that I think she was lucky that it worked... I've glanced through the topic you've referred to, and there's certainly no suggestion that there was any attempt to deceive, but it could so easily have gone wrong.

It isn't actually against UK law to send a passport across international borders, but it is not a good idea, and is certainly against the law of some other countries. Whether it is or isn't against the law, it could attract the attention of customs and immigration and result in it's being impounded. And an explanatory letter claiming innocent intentions might not be of any help if your passport is locked in a filing cabinet in an airport thousands of miles away, which you can't reach because you haven't got - - - a passport.

I should also say that paragraph 28 of the Immigration Rules says

28. 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 is living.

Which I think clinches it....

[coco]

I have to say that I think she was lucky that it worked... I've glanced through the topic you've referred to, and there's certainly no suggestion that there was any attempt to deceive, but it could so easily have gone wrong.

I don't believe it was luck, I believe good preparation is KEY. I called the BHC in ghana to confirm this was ok before doing so. Please see link:

http://www.britishhighcommission.gov.uk ... 7524327782

I know of other people who have also done this. I explained to the embassy I could not be away from the UK for 11 weeks as I would lose my job (although I was working illegally at that time) Don't forget, I made it a positive point rather than a negative.

Staying out of the UK for that period of time would not only have impacted my work, but my family as well. My husband and I contribute equally for our up keep (including our daughter) losing my job and not being allowed back into the UK would have meant possibly losing our house and then ultimately my husband and daughter would have to depend on public funds.

I also pointed out that I had contributed over £40000 in taxes since working in the UK that last 5 years and this I am sure went in my favour. I had also secured a new job with a much higher income, which again may have gone in my favour. However most importantly, I WAS COMPLETELY HONEST, FROM START TO FINISH. Even if I thought it would hurt my application, I did not try and cover up anything.

I also made sure that it was not against any laws to courier my passport. I suggest you check this with DHL, there are certain countries that I believe they will not courier passports to. I hope this helps. all the best

[ppron747]

I'm glad it worked for you, coco, but I still can't square it with the requirement of the Immigation Rules that you needed to be living in Ghana when you made your application.

I must say I'm very impressed with the flexibility they showed, but I'm not convinced that there are a lot of other posts which would be prepared to show such pragmatism...

I can't resist saying that I doubt very much that the person who wrote the FAQs that you linked to - specifically "Can I send someone to lodge my application?" - was thinking about an applicant living in another country....

But, hey, it worked!

[JAJ]

I should also say that paragraph 28 of the Immigration Rules says

28. 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 is living.

Which I think clinches it....

Would it be legal to visit to a neighbouring country (eg France or the Republic of Ireland - subject to having the right visa) and then while there, courier and application to a British diplomatic post in the applicant's home country?

Do British missions generally accept applications from citizens of their countries of jurisdiction?

[John]

Do British missions generally accept applications from citizens of their countries of jurisdiction?

As I understand it, British Missions will accept an application from a person legally living in the country, and not merely visiting. So clearly they will accept applications from citizens of the country in which they are based, but also from other people legally living there.