Applying for UK visit visa outside of home country

[HomeRun21]

My dad an Indian citizen, who is currently in US (with my brothers family) in visitor visa.

We would like him to come and stay in UK on Standard Visitor visa.

Can he apply the visa from USA or does he needs to go back to India and apply?

Many thanks

[Casa]

My dad an Indian citizen, who is currently in US (with my brothers family) in visitor visa.

We would like him to come and stay in UK on Standard Visitor visa.

Can he apply the visa from USA or does he needs to go back to India and apply?

Many thanks

Your father will only be able to apply for a visitor visa outside of his home country, from a country where he is legally living.
i.e not where he is staying as a short-term visitor, which in your father's case is the USA.

[lolo2]

Actually an applicant can apply for a visit visa anywhere, it doesn't matter if they are resident in that country or not - obviously they must be there legally.

UKVI - where to apply

UK visit visa application from other countries

A friends' parents did this before Christmas while visiting in the US and both visas were approved. I know other cases where the application was made while visiting Spain, Portugal.

[Casa]

Actually an applicant can apply for a visit visa anywhere, it doesn't matter if they are resident in that country or not - obviously they must be there legally.

UKVI - where to apply

UK visit visa application from other countries

A friends' parents did this before Christmas while visiting in the US and both visas were approved.

On the other hand:
paragraph 28 of the Immigration Rules. Applications for entry clearance “must be made to a post in the country or territory where the applicant is living”.

Also, the High Court ruling on the application of Barlas v British Consulate (Amsterdam),
"While a person, who is only on a short visit or business trip to a country, will not qualify because they could not reasonably be said to be living in that country, others will be able to do so even if they are a long way away from their country of nationality or permanent residence.”

In my honest opinion, it's a grey area. Also, applying outside of the country of residence may weaken the case for having strong ties to the applicants home country.

[lolo2]

I think that wording was revised in one of the last versions published, precisely for the ambiguity of the previous text. If you see the current guidance, paragraph 28 reads:

28. An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An application for an entry clearance as a visitor or as a short-term student or under Appendix Ukraine Scheme must be made to any post designated by the Secretary of State to accept such applications

And paragraph 29:

29. For the purposes of paragraph 28 “post” means a British Diplomatic Mission, British Consular post or the office of any person outside the United Kingdom and Islands who has been authorised by the Secretary of State to accept applications for entry clearance. A list of designated posts is published by the Foreign and Commonwealth Office.

As commented, I know first hand people who applied while visiting other countries and their visas were approved. I don't think there's one rule for some applicants and a different one for others.

It's a matter of common sense that the applicant must meet all the requirements: finances, ties, etc. linked to the habitual country of residence.

[Frontier Mole]

Exceptions to the Default Position in Paragraphs 28 and 28A

The four exceptions to the default position in paragraph 28 are as follows.

Firstly, if there is no designated post in the country where the applicant is living, the applicant must apply to the “appropriate designated post outside the country or territory where he is living.”
For example, entry clearance applicants from Burundi can currently apply through Rwanda and applicants from the British Virgin Islands through Barbados. A full list is available here: https://www.gov.uk/find-a-visa-application-centre.

Secondly, entry clearance applications for visit visas, short-term student visas and Appendix Ukraine Scheme visas may be made to “any post designated by the Secretary of State to accept such applications”.
There is no requirement for the designated posts to be in the country or territory where an applicant is living, though the Home Office’s where to apply policy suggests that applicants “should be present legally in that country or territory.

Thirdly, applications for entry clearance under Appendix Temporary Work – Creative Worker can be made in whichever country the applicant is situated, provided the application is made to a designated post, the applicant is in the country for a similar purpose to the activity she proposes to undertake in the UK, and she “has authority to be living in that country or territory in accordance with its immigration laws.”

[Frontier Mole]

There are two major considerations for applying outside your country of origin for a visit visa.
Why are you in the county of application - residency is obviously the most valid reason, then thereafter it is a sliding scale. Being on a visit visa to another country sits pretty much at the bottom.

In the case of the OP - if the individual has been in the USA for months then the caseworker is going to consider that they are not readily residing in their home country. In that case an extended proposed stay is more likely to be refused for the U.K. The other issue is going to be ties to their home country, particularly if they would be out their home country in total for 6 months. It is an easy route to refusal.

[HomeRun21]

Thank you all for the input - it's very much appreciated.

My father is in US for the last 4 months only and we might take a gamble and apply from US.

I shall keep you all posted on the outcome in the near future.

[Frontier Mole]

How long is he going to apply to be in the uk for?

[HomeRun21]

He will be staying with us for 6 months.

[CR001]

Does he stay 6 months in the US and then 6 months in the UK? Is this what you are trying to do??

When does he stay in his home country?

6 months is not a visit, it is residing under the guise of a visitor visa. Will he return to the US for another extended stay after the 6 months in the UK?

This is how UKVI will view things. That he does not in fact reside in his home country and has no ties there.

[HomeRun21]

Indeed, that is what we are trying to do and between this is first time we tried doing this way.
After our mother passed away a few months ago, we are the only families our dad got.
This arrangement might be for a short while, perhaps a few years.

Though I suppose we are just attempting to do what is best for our dad, I can understand that this is residing under the guise of a visitor. Should UKVI hold that view, we will have to accept the decision and look out for other options.

[Frontier Mole]

It is not a case of if the Home Office will take that view - it is the view they will take. I would not bother applying for a visa as it will be a certain refusal and that will just make things more difficult. The U.K. and USA share immigration data and a refusal for the U.K. will make any future attempts to gain entry to the U.K. and USA much more difficult.

Has your father any ties with his home country: property, family members, active in the community, earnings, etc. If these are a no or minimal at best the caseworker is going refuse the application without a second thought. The outside the country of origin application will just add weight to the reason for refusal.

The better option would be for a split of time in his home country 50/50 and the time out of the country is shared between U.K. and USA. Not the solution you are looking for but it is better outcome in the long run.

Others are best placed to give comment on how the USA considers the issue of extended periods outside the home country.