ECB05 - Where to apply - the policy

This is internal guidance for use by entry clearance (visa) staff on the handling of visa applications made outside the UK. It is a live document under constant review and is for information only.

ECB5 Where to apply - the policy

Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.

Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence. 'Country of residence' is not necessarily their country of origin and refers to wherever the applicant has permission to reside, for example, for work or study purposes. Many countries will issue overseas nationals with residency cards in these cases. An applicant who has permission to stay in a country as a visitor for 6 months, for example, is not a resident.

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'.

PBS Tier 5 'creative and sporting' applications

The Immigration rules make provision for applicants applying under tier 5 'creative and sporting' of the points-based system.

28A. (a) An application for entry clearance as a Tier 5 (Temporary Worker) Migrant in the creative and sporting sub-category of Tier 5 may also be made at the post in the country or territory where the applicant is situated at the time of the application, provided that:

(i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant,

(ii) the applicant is in that country or territory for a similar purpose to the activity he proposes to undertake in the UK, and

(iii) the applicant is able to demonstrate to the Entry Clearance Officer that he has authority to be living in that country or territory in accordance with its immigration laws. Those applicants who are known to the authorities of that country or territory but who have not been given permission to live in that country or territory will not be eligible to make an application.

(b) An application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant may also be made at the post in the country or territory where the applicant is situated at the time of the application, provided that:

(i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant, and

(ii) the applicant is able to demonstrate to the Entry Clearance Officer that he has authority to be living in that country or territory in accordance with its immigration laws and that when he was given authority to live in that country or territory he was given authority to live in that country or territory for a period of more than 6 months. Those applicants who are known to the authorities of that country or territory but who have not been given permission to live in that country or territory will not be eligible to make an application.