Child visa of settled person

[savii69]

Hi and thanks in advance to everybody and i apologise if this has been asked before but i could not find anything in the search.

Okay, we want to apply for my wife's two children to come to stay with us permanently.

My wife has just received her ILR, so is settled in the UK.

Problem is i am finding it hard to find the correct form to apply with. I know they have to apply on-line as they are outside of the UK and would be granted ILE. But just want to find the correct form so i can see all the questions and everything we need to accompany the application.

The form that i have found is.....(VAF4A) FAMILY SETTLEMENT APPLICATION FORM. But most of the questions do not apply to children which makes me think there was a different form for them, but can not find.

Also after reading the.....APPENDIX 2 (VAF 4A DECEMBER 2013)FINANCIAL REQUIREMENT FORM. It says you should complete this form if you wish to come to the UK as: The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012;

The above underlined also indicates to me that this is not the correct form as she has Indefinite Leave to Remain and not limited leave.

Must say i am most confused and any help to point me in the right direction is most appreciated. Have sent emails to the border agency but have received nothing back to date.

Many thanks and kind regards,

Clive.

[tonyk]

VAF4 A and select child then Appendix1

[savii69]

Thanks Tony.

I take it that is online mate.

Also what supporting documents are required.

As i understand it, we are not subject to the financial requirements, but must be able to show that the child(ren) will be supported and accommodated in the UK without recourse to public funds. As she is already settled with ILR i believe this to be the case for us.

So it is sole responsibility, TB certificates and of course a covering letter. I s there anything else.

Many thanks and kind regards

Clive.

[7by7]

You are correct that as your wife has ILR the financial requirement wont apply to her children.

But, as you correctly say, you will need to show that they can be adequately supported and accommodated without recourse to public funds.

See Maintenance and Accommodation for more on this.

You will see under MAA4 Maintenance: general requirements that it says

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

.......

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

The evidence needed is not as detailed as that if you had to meet the financial requirement; but I would suggest that you provide at least you and your wife's last 6 months bank statements and pay slips.

For evidence of accommodation, simply describe the property and who currently lives there to show that the children can be adequately accommodated without any overcrowding issues; see MAA12 Overcrowding.

Some people suggest photographs as well; but I don't personally think that's necessary.

I do think it's a good idea, though, to provide evidence of ownership if you own or if you rent a letter from your landlord granting permission for them to live there and confirming that there is room for them.

Having said all that, I think that your biggest problem is showing that your wife has been exercising sole responsibility during the separation.

Who has legal custody?

With whom have the children been living; your wife's family or their father or his family? If the father or his family; forget it; even if your wife has custody.

Do you have evidence of monies sent to cover the children's living expenses?

Do you have evidence of your wife's contact with them?

Do you have evidence of contact with their carers to discuss their schooling etc.; to show that it is your wife who has made the major decisions?

You don't need verbatim transcripts, but you do need to show she has been in regular contact with both the children and their current the carers.

Include a certified copy of your wife's passport to show how often she has visited them in Thailand and how long each visit was.

You can obtain a document from the ampur where they are living which will confirm much of this; it's called a Kor Por 14. On it's own it will not satisfy the ECO; but it can help.

You. or your wife, should also say in the covering letter why they did not accompany her when she first came to the UK and why it is now the right time for them to join her.

TB tests are not required if they are under 11.

They do not need an English test.

As your wife has ILR they will, if successful, be issued with Indefinite Leave to Enter; which is the same as ILR only issued outside the UK rather than in.

Edited October 22, 2014 by 7by7

[savii69]

Thanks all for your input.

May i ask one more question as i can not find it anywhere.

I am now in Thailand and am soon going to be filling out the online form. Can someone please tell me how long we will have to wait for an appointment to take everything to the VFS office.

As i said, can not find that info anywhere. I ask as we are only here for a certain period of time.

Many, many thanks again.

Clive.

[7by7]

I haven't used the online system myself, but if memory serves from reading information on here then when you submit the online form you will be asked to make an appointment within the next 10 working days.

Bear in mind that once the application has been submitted via VFS it could take up to three months to be processed.

[TCA]

My wife just got FLR (5 year route to ILR), so we're proceeding swiftly with an application for her daughter to join us in the UK. Like the OP was, I'm struggling to work out which additional forms are required.

The online application directs me to APPENDIX 1 (VAF4A JULY 2012) FAMILY SETTLEMENT & FAMILY REUNION but I'm thinking I need to complete APPENDIX 2 (VAF 4A DECEMBER 2013) FINANCIAL REQUIREMENT FORM. Which is it?

Do I need VAF4A itself PERSONAL DETAILS FORM (VAF4A DECEMBER 2013) FAMILY SETTLEMENT APPLICATION FORM or this effectively what the online application replaces?

The online application also mentions Sponsorship Undertaking Form (SU07), www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/sponsorship-form.pdf , which I don't recall completing for either of my wife's applications. Given that it's Form SU07/12, is this possibly another form under the old requirements?

Very confused.

[bobrussell]

Several threads have been started regarding applications for children to join a UK settled parent at a later date. There is more than a little suspicion that the longer the period of separation, the more difficult it is to convince an ECO that the parent has had sole responsibility for that child.

My advice is to clearly document all input to the child's daily life at all stages where the ultimate intention is for the child to joint the parent. Emails indicating control of school choice for example!

If an applicant can face an ECO with a bundle of documents showing day to day decisions are made by the UK settled parent then this should strengthen the application. It can be difficult to demonstrate sole responsibility at a later date otherwise.

[TCA]

My advice is to clearly document all input to the child's daily life at all stages where the ultimate intention is for the child to joint the parent. Emails indicating control of school choice for example!

Thanks for the reply Bob. Yes, proving sole responsibility is the one area I have concerns about. Using the example you gave, school choice, in our situation my wife's daughter returned to the village where both she and my wife grew up (to stay with her grandmother), so the natural choice was to go back to her old school. I will find out if there were other options but in reality there aren't going to be emails going back and forth between my wife, her mum and the school on the subject. A phone call at a push perhaps.

Anyway, I think I'll start a separate thread for some other specific questions that are coming up going through the online application and check other threads on sole responsibility in due course.

As a starter, can someone please point me in the direction of which additional handwritten forms we need to complete. Is below correct?

PERSONAL DETAILS FORM (VAF4A DECEMBER 2013) FAMILY SETTLEMENT APPLICATION FORM (or just online application form?)

APPENDIX 2 (VAF 4A DECEMBER 2013) FINANCIAL REQUIREMENT FORM

Edited January 9, 2016 by TCA

[aland2012]

Hello All

In reading this post as it regards me.

Me and my Wife ( Thai with British Citizenship ) are handing in a Visa settlement application to VFS BKK yesterday for my step daughter, her child to enter the UK. On handing in the documents the lady said to my wife she has to complete VAF4A form.

Okay can do this, BUT question 2.16 on the form talks about a SU07/12 form to be completed and if not why?

Do we have to do this form SU07/12 or can I put NO to questions 2.16 & 2.17 and for the reason say " as I the sponsor am a house owner and have a full time job which earns over £30,000 a year and my wife ( mother ) has a part time job earning £9,000 a year"

 

I am in the UK now, and my wife is in BKK handing the supporting documents.

The lady has taken all documents in, and said my wife has 18 days to submit form VAF4A.

thank you for any replies

Alan  

 

[7by7]

Why revive this old topic to ask, and then start a new topic asking the same question?

 

Posting the same question across multiple topics only causes confusion; it wont get you any more or better answers!

[7by7]

As that duplicate topic has been closed by the mods, I'll reply here.

 

I am confused. You say

2 hours ago, aland2012 said:

Me and my Wife ( Thai with British Citizenship ) are handing in a Visa settlement application to VFS BKK yesterday for my step daughter, her child to enter the UK. On handing in the documents the lady said to my wife she has to complete VAF4A form......

 

The lady has taken all documents in, and said my wife has 18 days to submit form VAF4A.

 

VAF4A is the application form!

 

It's completed online and you pay the application fee and any IHS surcharge before making the appointment at VFS.

 

At the appointment the applicant hands in a signed hard copy of the form plus their supporting documents; including the financial appendix if required. Which in your case it isn't as she is applying to join a parent who is settled in the UK, in fact now a British citizen.

 

So how did you get an appointment with VFS without completing the online form?

 

Or do you mean that you completed the online form, but didn't take a signed hard copy to the appointment with you?

 

 

2 hours ago, aland2012 said:

Do we have to do this form SU07/12 or can I put NO to questions 2.16 & 2.17 and for the reason say " as I the sponsor am a house owner and have a full time job which earns over £30,000 a year and my wife ( mother ) has a part time job earning £9,000 a year"

Form SU07/12 is normally required for adult dependent applicants; I have not heard of it being required for a child applicant before. But then most child applications I have come across are either to move to the UK with the parent or join them before the parent has ILR; in which case the financial requirement has to be met and the financial appendix completed.

 

So I think that, as you do not have to meet the financial requirement, that you do need the sponsorship undertaking instead. Better to have it and not need it than need it and not have it.

 

Certainly, the level of your and your wife's incomes is not a reason for not completing the form.

[aland2012]

Sorry about the other post.

 

We done the Online application here in the UK, then printed of the copy from the online site , paid the money and printed of the proof of payment.

We completed everything on the online site, I know this as everything was lit up green and with ticks.

I don't not why the lady at the desk has told my wife we have to complete this form which includes the SU07/12.

 

I suppose we do as the lady says and my wife can hand it in tomorrow.

 

Alan