Confused by form APPENDIX 2 (VAF 4A DECEMBER 2013)

[hegedusa]

Hi

I'm hoping someone can help. I am planning to get married to my partner who is American, in the US. She is applying for a spouse visa and I am the sponsor. The form says

3.1 Is your sponsor in receipt of a disability related or carers benefit listed within the guidance notes? If you have claimed to be exempt from meeting the financial requirement you must submit the relevant evidence, as specified, of your eligibility to be exempt.

I am not in receipt of a disability related or carers benefit, So I should answer NO, and fill in details within section 3. Why does it say "if you are exempt from meeting the financial requirement" as above? It makes me think this part of the form is for applications on disability benefits, so is confusing.

Now it just so happens that my partner IS on disability benefit, so presumably at some point she needs to provide evidence of that?

Question 3.2 asks "What is the financial requirement you are required to meet?" and asks to choose between 1, 2 or 3 children. Is this the number of children that she has or that I have?

Then later in Part 4 ("Maintenance for those exempt from the financial requirement") It says:

You should complete this maintenance section if you are not required to complete the financial requirement section in Part 3. This includes those who answered ‘Yes’ to question 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.

Am I right in thinking that this section does NOT need to be filled in? I find the whole thing so confusing!

If someone can help, that would certainly put our minds at rest!

[sajjaduk]

You only need to complete the sections of appendix 2 that are applicable to yourself...
So for the exemption question you would tick no if your sponsor is not in disability living allowance and then skip any questions that are related to exemption.

You would only need to complete the section you are using to meet the financial threshold for example category d which is savings ...

The children section only needs to be completed if there are any children if not then tick no and ignore the rest until the section end

[hegedusa]

Thanks for that. I (as the sponsor) have children who are not living with me. They are living with their mother, whom I pay maintenance towards as agreed by the court. The applicant (my partner) does not have children. Do I still need to mention children, and where?

[SoHopeful]

There will be a question about any payments/support you pay for your own children (as the sponsor). As the applicant as no children then you just need to complete re a single person.

[Casa]

The application form won't ask whether your spouse is claiming Disability Benefit in her home country. This is irrelevant as she will be unable to claim in the UK as DLA is a Public Fund to which she has no access until she qualifies for ILR in 5 years time.