Child Settlement Visa Appendix 2 - Complete section 3 or 4?

[ironryon]

Hi

if anyone could make it clear for me I would be very very thankful....

My Thai wife (2 years into UK settlement visa) and I (sponsor for my wife and soon to be for her daughter too) are applying for her 11 yr old daughter to join us in the UK on a UK Settlement Visa.

I have completed the online form, printed it out and is ready to go.

I am now completing the appendix 2 VAF 4A form - what I don't understand and it seems im not the only one is -

Does she/her daughter (or me on her behalf) have to complete Part 3 Financial Requirement and or section 4 Maintenance for those exempt from the financial requirement?

I cant work out who is exempt or more importantly if she being under 18 is exempt.

[bigyin]

I just did it and I completed the full financial side of things same as for my wife. To be honest I never considered she could be exempt. Why would she be? I am sure it is part 3.

[ironryon]

Hi bigyin

thanks for helping out.

I don't know why she would be - I was just curious and wanted to be sure that Im filling in the right parts.

[bigyin]

That's OK. I just hope I was right. Good luck.

[ironryon]

Cheers - you too if you're still waiting.

[ironryon]

Looking back at the Appendix 2 form...

One reason why I query if she/I should complete Part 3 or Part 4 is because it says at the beginning of Part 4 this -

You should complete this maintenance section if you are not required to complete the financial section in Part 3. This includes those who answered Yes to 3.1 and CHILDREN WHO ARE NOT REQUIRED TO MEET THE FINANCIAL REQUIREMENT. See the policy guidance notes who needs to complete this part instead of Part 3.

I've looked at the policy guidance notes and cant find relevant info to make the decision.

[tonyk]

As a sponsor you are only exempt from the financial requirements if you are in receipt of one or more of the following benefits:

Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, all the following must be provided:

(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received. ( At least one personal bank statement in the 12-month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.

[ironryon]

Thanks tonyk

So I as the sponsor am not in receipt of any of those you listed....which would suggest she has to complete Part 3.

Its only then confusing because it says this in Part 4 Maintenance for those exempt from the financial requirement "This includes those who answered Yes to 3.1 AND children who are not required to meet the financial requirement".

[7by7]

If your wife already had Indefinite Leave to Remain then her child would be eligible for Indefinite Leave to Enter, which is the same as ILR only issued outside the UK.

In which case the child would be exempt from the financial requirement and you would only need to show adequate maintenance; i.e. you can support and accommodate the child without recourse to public funds. So you'd complete part 4.

However, from your OP I surmise that your wife does not yet have ILR, so the child is not exempt from the financial requirement and you should complete part 3.

[ironryon]

7by7 Thanks

Yes my wife is only 2 years into her UK settlement visa so hasn't got ILR yet.

I have began to complete section 3 off the back of all help given here.

Thanks