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Applying From A Country While Staying There Temporarily

tier 2 abroad temporary permission to stay application

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#1 Daniel K

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Posted 29 October 2012 - 05:59 PM

Hello,

I am a Russian citizen working in Canada and going to the UK to work there. I stay in Canada under a work permit, which is a temporary permission, i.e., it has an expiry date. In other words, I am a resident in Canada but I am not a permanent resident. According to the information I found and an answer I got from WorldBridge, I am not allowed to apply for the Tier 2 visa from Canada. However, it appears to be illogical and very inconvenient that I have to go to Russia and wait there while I am in fact residing and working in Canada.

There is some detail that make me doubt that I really have to apply from Russia. On the webpage of the UK embassy in Canada, I found the following (http://www.ukba.home...me=UK%20English):

If you have temporary permission to stay (for example, as a visitor) in the country where you are currently living, you cannot apply for most types of UK visa in that country. You can only apply for:

  • a visitor visa
  • a Tier 5 (Temporary worker - creative and sporting) visa
  • an EEA family permit
Your application may be referred back to your country of residence, which may cause delays.


It might be OK with me if they just delay my application a little bit but let me apply from Canada. I am just worried that they may not let me apply from Canada at all or reject my application as a wrong one.

Thank you in advance!



#2 SkillClear

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Posted 30 October 2012 - 12:57 AM

You would usually be ok to apply if you have at least a few months remaining validity on a work visa - the High Commission would not want to risk causing you to overstay. Have you not checked with Worldbridge or the local British High Commission?

#3 Daniel K

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Posted 30 October 2012 - 01:07 AM

Dear SkillClear, thank you for your reply. I would assume the same thing as what you said but I contacted WorldBridge and they told me that I am not eligible to apply from Canada though I made it clear that my Canadian Work Permit will be valid for almost a year from now. The rules are quite obvious in this situation but since they contradict the common sense, I thought there may be some workaround.

#4 SkillClear

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Posted 30 October 2012 - 01:09 AM

I would try to contact the High Commission and ask for clarification as this does not make any logical sense (nothing new there) and I have assisted with many applications in various locations around the world where applicants have had less valid leave to remain that you have.

#5 Daniel K

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Posted 30 October 2012 - 01:14 AM

Thank you very much for your advice, I will try to contact the High Commission then.

#6 sah10406

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Posted 30 October 2012 - 09:12 AM

In other words, I am a resident in Canada but I am not a permanent resident. According to the information I found and an answer I got from WorldBridge, I am not allowed to apply for the Tier 2 visa from Canada.


What information were they quoting when refusing to take your application? I advise that you refer them to the UKBA's Immigration Directorate Instructions (IDIs). These are very clear that you can apply in the country where you are living, and they specifically define "living", which in essence means not visiting. See Chapter 1, Section 4 "Entry Clearance", part 7.2 "Definition of Living".

I disagree with the previous advice that the length of your leave may be relevant. That is a separate issue from the fact that you are "living" in Canada by UKBA's own definition, and this seems to be what Worldbridde does not understand.

#7 vinny

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Posted 30 October 2012 - 01:06 PM

Also, ECB05 - Where to apply - the policy.

#8 Daniel K

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Posted 30 October 2012 - 04:29 PM

Thank you very much for the detailed comments. Indeed, according to the definition of 'living', there should be no problems in my case. I have contacted the High Commission and as soon as I get a reply I will post the response here. Thank you again for your help!

#9 SkillClear

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Posted 30 October 2012 - 06:40 PM

I disagree with the previous advice that the length of your leave may be relevant. That is a separate issue from the fact that you are "living" in Canada by UKBA's own definition, and this seems to be what Worldbridde does not understand.

I wasn't making a guess when I stated that... how much leave remains absolutely is relevant.

#10 sah10406

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Posted 31 October 2012 - 07:22 AM

how much leave remains absolutely is relevant.

How so? I couldn't find anything about it the rules or in the guidance mentioned above or in the web info for applicants. Is it in the Modernised Guidance?

I don't see where the risk of the British High Commission "causing an overstay" in Canada comes in. How could they do that, and why would they care?





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