An email to the UKVI Rules Simplification Team produced this reply (in part)…
In other words, those who need a visitor visa can apply at any British mission outside of the UK.
Discussion
Why the change? Apparently, the UKVI Rules Simplification Team went through the body of rules and plucked out anything having to do with visitors and put the various clauses into Appendix V of the new rules. The new rules mention the crux of it: i.e., that the applicant must be outside of the UK and can apply anywhere. The part about “the Islands” appears to have fallen through the cracks, so the law is not clear if the applicant is in Guernsey or The Isle of Man or elsewhere in “the Islands”.
More Discussion
Following the natural meaning of the words, there is nothing about the applicant having legal status in the country where the application is made. So for example, a person who had entered France illegally would still be entitled to apply for a UK visitor visa via the British mission in Paris. That would not guarantee success, but if the applicant met all of the criteria then the sole fact of being an illegal entrant could not be used as grounds for refusing the application.
Even More Discussion
Visit visa versus settlement visa versus PBS visa: If a person is applying for settlement (as a spouse for example), they do not need to return to their home country to apply IF they have a visa issued for longer than 6 months. So a person in France with a French visa that was issued for a period longer than 6 months can use the British mission in Paris to apply for a spouse visa. The same rule holds true for Points-Based applicants (Tier 2 for example).
Finally
It is reasonable for the UKVI Rules Simplification Team to make some ‘clean up calls’ when Appendix V is refurbished in the next cycle. This may see a statement regarding “the Islands” appear. Between now and then, it is safe to assume that the applicant must be outside of the “UK and the Islands” in order to apply for a visitor visa.
Credit:stackoverflow.com‘
5 Mar, 2024
4 Mar, 2024