Tier 2 Application - Applying from outside "home" country

[nts18982008]

Hi Guys,

I think this is a potentially quick/easy one but have looked through this forum and on the Home Office website (see: https://www.gov.uk/government/publicati ... the-policy) and am not sure I have a clear answer.

To cut a reasonably long story short I want to know if I could apply for a Tier 2 visa (or a family visa, even) from the Netherlands if I am a) an Australian citizen and b) in the Netherlands on the working holiday scheme. The reason I am unclear on this I guess is the definition of "country of residence". See below paragraph from ECB05:

Applications for other types of entry clearance (except for Tier 5) should be made in your country of residence. ‘Country of residence’ might not be your country of origin and refers to wherever you have permission to live, for example for work or study purposes. Many countries issue overseas nationals with residency cards in these circumstances. If you have permission to stay in a country as a visitor for 6 months, for example, you are not a resident.

To me, the above implies that I will be able to; I will have "permission to live" in the Netherlands for 12 months, have the right to work and will be provided with a resident permit (see: https://www.netherlandsandyou.nl/your-c ... -australia). The special mention of Tier 5 applications, both in the above paragraph and elsewhere on the internet, has thrown me off a little bit however.

Maybe I'm overthinking it but I appreciate the assistance.

Thanks.

[CR001]

Anywhere where you are not a 'visitor', so yes, you should be able to apply from the Netherlands as you have a non-visitor visa which allows you to reside and work.