Is ICFN needed for dependent baby, when I don't have an ICFN

[rkrishna]

On the PBS Dependent application form (Version 04/10), I have a question about Section 2, Part F, "Identity Card for Foreign Nationals". I don't know whether to fill out this section, or whether to skip it.

I am a Tier 2 (General) migrant worker with a vignette (sticker) in my passport indicating that my visa is valid from Sept. 2009 - Sept. 2011. Thus, I have no ICFN. My dependent son was born Nov. 2009 in the UK (one month after I arrived). I am applying for a visa for him, for the first time, and I am wondering whether he needs an ICFN.

In Part F of the PBS Dependent form, the wording at the top of p. 24 is confusing.

The first paragraph indicates that I should NOT go to question F1, because I have NOT been issued an ICFN: "All dependents of Tier 2 (General)...migrants where the main applicant has been issued with an ICFN go to F1." (I have not been issued with an ICFN; instead, I have a vignette in my passport, which is the old method, now being phased out.)

However, the second paragraph of p. 24 reads: "It is mandatory to complete section F if the person is a dependent of Tier 2 (General)...if it is not complete, the application will be invalid and will be returned to the dependent."

Seeking to clarify this matter, I turned to the document "Jan 2010 ICFN Category Table", a.k.a. categorytableforidentitycards, which outlines who needs an identity card:

"DEPENDENTS -- Dependants of the above categories where applicable under the immigration rules, applying at same time (from 31 March 2009)."

"Note: ... remain unaffected by the changes, as do applicants in other immigration categories who continue to receive a vignette in their passport."

My dependent son is NOT applying at the same time as me (I am not applying right now, only he is), and I have a vignette in my passport. This leads me to guess that my dependent son does NOT need an ICFN. Have I understood this matter correctly?

However, the strong wording in paragraph 2 of p. 24 makes me wonder whether I should fill out Section F anyway, just in case, but leave a note stating that I don't think my dependent son needs an ICFN. Is this a good idea? Or how should I proceed?

Thanks very much for any advice.

[geriatrix]

Don't understand where the confusion is!
F1 - No
F6 - No
F10 - No
F14 - less than 16 years old.
F15 - provide details
F16 - select as appropriate.

Whether your child will be issued an ICFN or not is for UKBA to decide not you. If they need to issue one for him, they will send you a letter advising you what you need to do (then).


regards

[rkrishna]

I called the immigration enquiry bureau (IEB) to ask for clarification on this matter. The person who answered my call read the first two paragraphs of p. 24 along with me, and she agreed that the first two paragraphs seemed to contradict each other in meaning. Since she didn't know the correct answer, she hung up to consult with someone else, and then called me back in 10 minutes to say that in my case, I should fill out part F.

If you are someone in a similar situation, and you feel tempted to not fill out part F, you might want to at least call to double-check. I called in the afternoon (around 3 PM), and once past the long phone tree (automated messages), I was able to reach someone very quickly.

Just for the record, here are some other examples of seemingly contradictory wording about this ICFN issue:

PBS (Dependent) Policy Guidance (version 04/10), p. 6, item 24. "Where the main applicant holds a Biometric Immigration Document (ICFN), any family member making an in-country family member application must ensure that they also apply for a Biometric Immigration Document (ICFN)." (There is no mention that a main applicant without an ICFN needs his/her dependents to apply for an ICFN.)

PBS (Dependent) Application Form (version 04/10), p. 44, first column, 3rd paragraph. "Everyone applying in the UK under the Tier 2 or Tier 4 categories must apply for an identity card." (This is another case where it seems that everyone must apply for an ICFN.)

Hope this information helps someone out there.

[geriatrix]

There is no contradiction in what is stated .. irrespective of whether the main applicant has been issued an ICFN or not, dependents of Tier 2 and Tier 4 migrants must apply for ICFN.

Perhaps too hard for you to understand!


regards

[rkrishna]

Update: Today I called the immigration enquiry bureau (IEB), specifically, the section that answers questions about processing times. (Side note: as advertised, it is fruitless to call before the 14-week mark, and also, there is no way at all to find out whether any post they sent you, might have been lost in the mail, which was my question to them.)

However, I did learn something about the ICFN. The person helping me on the phone knew that I was Tier 2 (General), but she did not know who I was specifically. She asked me if I had an identity card, and I replied that I did not. She said that my dependent will not need biometrics taken, and will not receive an identity card, because I myself (the "main applicant") do not have an identity card at this time.

The person that helped me today seemed very confident, and answered without hesitation or needing to pause and look up information. In contrast, the person I spoke with last time (in May) needed to open up the PBS Dependent application form and read it out loud along with me on the phone, and even after that, she also needed to consult with someone else and then call me back.

Based on the answer I received today, it is possible that the person I spoke with last time gave me incorrect information. I don't know for certain, but I just wanted to report on my experiences so far.

Both times when I've called the IEB in the afternoon (after 2 PM), I spent less than 15 minutes waiting for a real person to pick up my call.

Hope this is helpful, and I'll report back again later, once the visa arrives or I find out it is refused.

[rkrishna]

In the end, an ICFN was NOT required for our son. The reason why is because I do not currently have an ICFN.

We received our son's visa three weeks and one day after our payment cleared (slightly less than four weeks, counting from when we mailed off the application). No biometrics were needed, because an ICFN was not needed.