Which form to use VAF4A OCT 2011 or VAF2 DEC 2008

[baba_baba]

Hi,

I am a workpermit holder and applied a dependent visa for my wife on 28th Oct 2011, visa was refused under Paragraph 277 that my wife is under 21. When I initially applied I was told that this rule only applys to UK citizen and people who have indefinite stay. Since, my visa will run out in Sep 2013, she is ok to apply.

Anyway, I was refused solely due to this reason. Now, planning to apply for a review and what form should I complete VAF4A OCT 2011 or VAF2 DEC 2008. When I search for VAF2 DEC 2008, home office website takes me to VAF2 OCT 2011. I am confused with what form to use.

The forms are different, do I need to get her to do a english test exam TOFEL, ILETS??

Please help me on this, thanks in advance

[Lucapooka]

A very confusing post. Paragraph 277 is not a part of the rules that covers dependants of migrant workers and nor are those dependants restricted to being 21 or over. Nor is their any English language requirement. refusals on these grounds would be for a settlement application from the partner of a settled sponsor. Clearly you are not a settled sponsor.

Someone has made a mistake and I'm not sure it's you or the UKBA. Can you say what application form was originally submitted? If you are going to appeal (and this option remains inconclusive until you can say what form was submitted) it would be made using the appeal form with that specific purpose and this will have been provided with the refusal notice when the passport was returned. It would not be made with a VAF as you seem to suggest above.

[geriatrix]

For a new application, your wife must use the VAF2 form available on this webpage.

[baba_baba]

We submitted VAF2 DEC 2008 form, refusal letter state
You have applied for an entry clearence to join your sponse in the United Kingom as a workpermit dependent. I have consider your application under paragraph 277 of the United Kingdom Rules. You can read this rules at

The decision
You are eighteen years old as you were born on 02/07/1993 and your passport and birthcertificate confirms this. You have applied to join your sponse in the UK, but I am not satisfies that you have met the requirement of the paragraph 277 of the immigration rules.

I have therefore refused your application becasue I am not satisfied, on the balance of the probabilities. That you have met all the requirement of the revelant Paragraph of the UK Immigration Rules.
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I am not sure what to do? please advice me. Thanks in advance

[Lucapooka]

Appeal using the form that has been provided in the refusal notice. This really is a poor (appalling) decision by an inept or novice Entry Clearance Officer. Your partner's application is a category that falls under paragraph 194 of the rules rather than 277 that has been incorrectly cited. You should be able to see this decision overturned relatively quickly in the ECM review when someone competent realizes the mistake.

In addition (but not instead) you should try emailing the ECM (Entry Clearance Manager) directly as this is such an obvious mistake that an official appeal lodgment may not even be necessary. ECM email is often found on the consulate or BHC website.

[baba_baba]

Thank you so much for your advice, I will do so.

[baba_baba]

Hi,

How long it will take to receive a decision on appeal? as it is mentioned that it should be applied in 28 days from the decision date, can we fax the form?

Thanks in advance.

[baba_baba]

Hi,

Sorry to be a pain, I am confused what to do, as my solicitor adivse to wait till 28th Nov as the rule changes and apply again for a review on my case.

If I have to use review form then I need to fill English language result and so on. In UKBA website, if the applicant is outside the UK then I guess I should use VAF4A. (UKBA website says theses forms are for Visas for partners and other family members with a view to settlement)

I will be greaful, if you kindly advise me what to do in further and whether its neccessary and appropriate to use VAF4A or go ahead with appeal?

Thanks in advance

[Lucapooka]

Are you, or are you not, a migrant worker with a work permit (as you seem to have clearly stated in your previous comments)? If not then please expand on your circumstances as I can't really add anything to what has already been stated in the case of someone who holds a work permit (in that closed category). If, indeed, you are a WP holder, and yet still can't understand what is being discussed here and how it relates to you, then it would be appropriate to seek competent professional advice (and perhaps someone other than your current solicitor who is not making himself clear!).

[baba_baba]

Hi, yes I am a work permit holder. I apologise, as I am bit concern about how long this is going to take.

[baba_baba]

As I am having my traditional wedding ceremony in January and the reason I went last September for engagement ceremony is to get visa and once we done our traditional wedding, I can bring her with me.

We are legally married now, and what we goind tp have in January is just a traditional ceremony.

I don't know anything about the time frame this process would require, so I am bit concern how long this would take, would be before January?

Thanks,

[geriatrix]

If the review of the application at the issuing post (subsequent to an appeal) finds that the earlier decision was wrong then you may expect a favourable response from the issuing post within 2 months of filing the appeal. The issuing post will then request the applicant to submit the passport again ... and issuing a visa can further take 2-8 weeks depending on the workload at the issuing post.

If the review at the issuing post finds that the earlier decision was not wrong, then the appeal will be forwarded to the First Tribunal in the UK. It can then take 2-4 months for the appeal to be decided.


As for which form to use to make a new EC application, you have already been advised above.