Uk Immigration Which Version Of The Vaf4A Form Should I Be Using

[KennethReed]

Hi All,

one or two of you may remember my previous posts, little bit of background

I am a UK citizen since birth. I have been married to a Namibian national since 2007, we reside in the UK and her visa status has been Indefinite Leave to remain since 2009. We have 2 U.K. children born since our marriage, My wife also has one child in Namibia born in 2003. who resides with my Wife's parents in Namibia.

We are now in a position where we wish to submit an application to bring the child from Namibia to the U.K. on a permanent basis.

This forum as its an excellent resource in general, with many knowledgeable posters, and in terms of how the UK border Agency interprets there rules, they should be consistency between Namibia and Thailand

I have a reasonable understanding of the change in rules that have just come in and how it affects my personal circumstances (I think!)

my question is what version of VAF4A should I be using.

Looking at the UK Border agency website http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

There appear to be 3 VAF4A forms that may be applicable

VAF4A Application Form, VAF4A appendix 1 & VAF4A Appendix 2

They all state the following

The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012.

My wife, in this case the 'one parent' has an ILR, is this considered as 'limited Leave' My understanding was that once the ILR is granted the individual was not classified as 'Limited' ( however i may be mistaken)

Anyone idea which of the above form(s) i should be using, or is there another VAF4A form applicable in my circumstances,

If anyone can advise on which forms(s) I should be use, i would be most grateful, I really wouldn't want to make an application for my Stepdaughter on the wrong form, that would be silly !

[VisasPlus]

Your post is timely. I contacted the UKBA today with a similar question. You need the vaf4a and the Appendix vaf4a1. I am posting the below on another thread also :

Having had a look at some of the newly required appendices to the new VAF4a, I think there are errors in the printed guidance. I have sent an email to UKBA in Bangkok, asking them for their further guidance. So far, all I have is the standard response stating that I can expect a reply within 20 working days. That won't actually help applicants who want to apply now.

I have been unable to find the published new VAF4a and appendices ( which were on the UKBA website yesterday ) so maybe they have been taken down to be corrected. One possible error that I found is that the guidance on who needs to complete either the Appendix vaf4a1 or the vaf4a2 seems to be identical, in that it says, on both forms :

The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012

whereas the guidance printed on the application form vaf4a says ( in the case of the vaf4a2 ) that the vaf4a2 should be completed by :The child of a parent who has limited leave as a partner or parent granted under the Rules in force on 9 July 2012.

Logic should dictate which form is appropriate, but UKBA need to keep customers informed of any errors.

[KennethReed]

Hi Visaplus,

Thanks for your post, much appreciated, i suspect I need appendix 2 as well regarding the financial requirement form,

for now I am taking the term Limited leave to include my Wifes ILR status

My intention would be to submit details of both myself and my wife as joint sponsors,however the form(s) appear to allow to enter details for an individual sponsor, although I can meet the Financial requirements myself, my wife couldn't, i would like to include the details of her earnings as well as mine on the Form to provide a stronger financial position.

We will be providing a sponsor letter from both of us to provide further details of the application, which could include my wifes financial details aswell as my own however would be much happier if both our details were recorded directly on the application forms, do you know if that is possible ?

[VisasPlus]

Hi Visaplus,

Thanks for your post, much appreciated, i suspect I need appendix 2 as well regarding the financial requirement form,

for now I am taking the term Limited leave to include my Wifes ILR status

My intention would be to submit details of both myself and my wife as joint sponsors,however the form(s) appear to allow to enter details for an individual sponsor, although I can meet the Financial requirements myself, my wife couldn't, i would like to include the details of her earnings as well as mine on the Form to provide a stronger financial position.

We will be providing a sponsor letter from both of us to provide further details of the application, which could include my wifes financial details aswell as my own however would be much happier if both our details were recorded directly on the application forms, do you know if that is possible ?

You can only submit one Appendix. The Financial Requirement vaf2a is for child applicants joining a parent(s) who has Limited Leave to Remain under the new Rules.

ILR is Indefinite Leave to Remain ( not limited leave). The vaf1a states that it is to be used by The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012 ( ie under the oid rules). This is the form you need. You have to show that you can maintain and accommodate the child applicant. You do not have to meet the new financial requirements.

[VisasPlus]

Hi Visaplus,

Thanks for your post, much appreciated, i suspect I need appendix 2 as well regarding the financial requirement form,

for now I am taking the term Limited leave to include my Wifes ILR status

My intention would be to submit details of both myself and my wife as joint sponsors,however the form(s) appear to allow to enter details for an individual sponsor, although I can meet the Financial requirements myself, my wife couldn't, i would like to include the details of her earnings as well as mine on the Form to provide a stronger financial position.

We will be providing a sponsor letter from both of us to provide further details of the application, which could include my wifes financial details aswell as my own however would be much happier if both our details were recorded directly on the application forms, do you know if that is possible ?

You can only submit one Appendix. The Financial Requirement vaf2a is for child applicants joining a parent(s) who has Limited Leave to Remain under the new Rules.

ILR is Indefinite Leave to Remain ( not limited leave). The vaf1a states that it is to be used by The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012 ( ie under the oid rules). This is the form you need. You have to show that you can maintain and accommodate the child applicant. You do not have to meet the new financial requirements.

EDIT: I have today received a response from UKBA in Bangkok. They confirm that the guidance on the Appendix 2 is incorrect. This is their response:

I have noted your comments with regard to the discrepancy in the wordings in Vaf4a and those directions given in Vaf4a2. You are correct in identifying this discrepancy and I have alerted my colleagues in the UK with regard to this error. As you rightly point out, the directions given in Vaf4a are correct.

To sum up. The Appendix vaf4a2 ( the financial requirement ) is for use in applications for, for instance, children under the new rules who are joining a parent(s) who has Limited Leave to Remain granted under the new rules. If the sponsoring parent has Indefinite Leave to Remain, under the old rules, then Appendix vaf4a1 is required.

[KennethReed]

Hi Visa Plus,

I really apprerciate the time you have taken to clarify this, and these are complex issues at the best of times

[Agk]

Hi Visa Plus,

I really apprerciate the time you have taken to clarify this, and these are complex issues at the best of times

What a big mistake by UKBA

[KennethReed]

Hi Visa Plus,

I really apprerciate the time you have taken to clarify this, and these are complex issues at the best of times

What a big mistake by UKBA

Hi newbie, and your point is ?

[Agk]

Hi Visa Plus,

I really apprerciate the time you have taken to clarify this, and these are complex issues at the best of times

What a big mistake by UKBA

Hi newbie, and your point is ?

A lot of people will be confused about this. It was written on page 1 of appendix 2 that child of a settled person need to fill it whereas its NOT.

[KennethReed]

Thanks

yes agreed,

there is another statement that's a bit confusing, as I understand it, on the VAF4A and appendix 1

The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012

My Wife was granted an Indefinite Leave to remain which was granted in 2009 so how is this Limited ?, according to this statement as I understand it we have no form on which to make an Application !

another question if thats ok,

As we are applying for a 9 year old child, does the child have to sign it and also provide the biometric evidence as part of the application, or can that be done on her behalf by her mother ?

[Agk]

Thanks

yes agreed,

there is another statement that's a bit confusing, as I understand it, on the VAF4A and appendix 1

The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012

1) My Wife was granted an Indefinite Leave to remain which was granted in 2009 so how is this Limited ?, according to this statement as I understand it we have no form on which to make an Application !

another question if thats ok,

2) As we are applying for a 9 year old child, does the child have to sign it and also provide the biometric evidence as part of the application, or can that be done on her behalf by her mother ?

1) You are UK citizen and your wife is settled, you are exempted from financial requirement. Your wife has no Limited stay. I think you should concentrate more on why your wife ha to bring the applicant more. Did she have sole responsibility? Where is the applicant's Dad?

2) The Child can just write his/her name.

[KennethReed]

Hi AGK

thanks, I am fully aware of the difficult issues I face on the application regarding Sole responsibilty, why we did not bring the child earlier (or perhaps to put it bluntly a reason we can explain on the application that will be seen favourably by the UK border Agency) and of even more complex issues regarding with the erant father and jhis legal rights under namibian. We have been concentrating on these for the last 18 months, and I have posted separately on these.

the main gist of this post is to ensure i know 'how to fill the application form in correctly', I really don't want to have an application form held up or worse turned down simply because I don't understand how to fill the bloody thing in correctly

[Agk]

Hi AGK

thanks, I am fully aware of the difficult issues I face on the application regarding Sole responsibilty, why we did not bring the child earlier (or perhaps to put it bluntly a reason we can explain on the application that will be seen favourably by the UK border Agency) and of even more complex issues regarding with the erant father and jhis legal rights under namibian. We have been concentrating on these for the last 18 months, and I have posted separately on these.

the main gist of this post is to ensure i know 'how to fill the application form in correctly', I really don't want to have an application form held up or worse turned down simply because I don't understand how to fill the bloody thing in correctly

I am almost in the same shoe as yours.

All the best.

[VisasPlus]

Hi Visaplus,

Thanks for your post, much appreciated, i suspect I need appendix 2 as well regarding the financial requirement form,

for now I am taking the term Limited leave to include my Wifes ILR status

My intention would be to submit details of both myself and my wife as joint sponsors,however the form(s) appear to allow to enter details for an individual sponsor, although I can meet the Financial requirements myself, my wife couldn't, i would like to include the details of her earnings as well as mine on the Form to provide a stronger financial position.

We will be providing a sponsor letter from both of us to provide further details of the application, which could include my wifes financial details aswell as my own however would be much happier if both our details were recorded directly on the application forms, do you know if that is possible ?

You can only submit one Appendix. The Financial Requirement vaf2a is for child applicants joining a parent(s) who has Limited Leave to Remain under the new Rules.

ILR is Indefinite Leave to Remain ( not limited leave). The vaf1a states that it is to be used by The child of settled parents or with one parent who has limited leave as a partner or parent granted under the Rules in force before 9 July 2012 ( ie under the oid rules). This is the form you need. You have to show that you can maintain and accommodate the child applicant. You do not have to meet the new financial requirements.

EDIT: I have today received a response from UKBA in Bangkok. They confirm that the guidance on the Appendix 2 is incorrect. This is their response:

I have noted your comments with regard to the discrepancy in the wordings in Vaf4a and those directions given in Vaf4a2. You are correct in identifying this discrepancy and I have alerted my colleagues in the UK with regard to this error. As you rightly point out, the directions given in Vaf4a are correct.

To sum up. The Appendix vaf4a2 ( the financial requirement ) is for use in applications for, for instance, children under the new rules who are joining a parent(s) who has Limited Leave to Remain granted under the new rules. If the sponsoring parent has Indefinite Leave to Remain, under the old rules, then Appendix vaf4a1 is required.

UKBA in Bangkok have today told me :

"I can confirm that Appendix 2 (vaf4a2) is being amended centrally and a new version should be available on the UKBA website at the beginning of next week."

That's a start, anyway

Edited July 19, 2012 by VisasPlus