Correct EC visa fee for HSMP JR spouse from outside UK

[rizwan567]

Dear forum members

I tried to search older posts but was unable to extract right information. Excuse me if this topic has been discussed before,

My queston is:

Main applicant: Is HSMP visa holder since June 2006 and his current leave 4 year leave is ending in June 2011. Applicant is also covered under FLR(HSMP) JR since applicant has approval letter before Nov 2006 on 65 points.

Applicnat wishes to sponsor his wife's and two kids EC applcation from Pakistan. How much is the EC visa fee? Is it 32,500 or 35,100 or 89,700?

Please this link to check the fee http://www.ukvacpk.com/visafees.aspx

Even after the launch of PBS I have seen dependents of HSMP holders paying less fee in the region of 30,000 - 35,000 to get visa.

I await to read your experience and feedback on the right application fee.

[geriatrix]

Reading this topic should prove useful.


regards

[rizwan567]

Dear Sushdmehta

Thanks for quick reply and information.

What I conclude from the information in the link you gave is:

Applicant should try to submit his case on VAF2 form (provided VAC accepts that)?

Now the problem is, applicant has not maintained his bank statement for maintainance funds for 3 months. Because he thought he is covered/protected by JR decision.

So if the embassy/bhc - Islamabad does not accept VAF2 form for dependents, case should not be applied. And if applied on VAF10 form, it will be straight refusal because of 90 days maintaninace funds clause.

And even if VAC accepts dependents application on VAF2 form, do you think BHC is going to accept that and issue visa? They may object on this.

So what do you recommend, what should be done in such case? How this problem can be solved? What evidence do we have that JR protected applicants should pay 35,000 not 89,000 something....

[geriatrix]

It is the BHC who has to agree to accept the dependent application on VAF2 and related payment (HSMP dependent). VAC job is to take the paperwork from you and forward it to BHC, that's it! They (VAC) cannot decide one way or the other.

If BHC accepts VAF2, then none of the Tier 1 requirements apply (e.g.-maintenance funds). But if they refuse to accept VAF2 and insist on VAF10 then you will have to meet all the Tier 1 requirements (and pay Tier 1 dependent fee).


regards

[rizwan567]

Yes, sushdmetha, you are right that VAC is not the one to decide between VAF2 or VAF10. But I think they have instructions from BHC to sort of validate the application before accepting the case.

Now please consider following scenarios and advise:

What If VAC refuses to accept application on VAF2 as they have instruction from BHC not to accept HSMP dependent application on this form? What should be done next?

If VAC accepts application on VAF2 form then what are the chances that BHC will refuse the visa on the basis of filling the wrong application form?


I will be thankful to you if you could answer: On what basis we are claiming that HSMP JR applicant's dependents should pay less fee not full fee? I have seen this policy documents of UKBA for HSMP JR applicant http://www.ukba.homeoffice.gov.uk/sitec ... cialreview however it does not specifically state this fee issue.

I mean on what basis we should argu that VAF2 is the correct form and maintainence clause is not applicable on HSMP JR dependents' application.

Awaiting response

[geriatrix]

No document addresses the fee issue.

It is entirely up to you how to convince BHC that dictating use of VAF10 for HSMP JR protected migrants is unlawful. The following may help:

VAF10 form is specified for Tier 1 dependents under immigration rules 319A-319K. HSMP JR protected migrants are not Tier 1 migrants and therefore not covered by Tier 1 immigration rules, EC applications by dependents should be made on VAF2 forms and must be accepted by UKBA. But UKBA (Visa Services) forces such dependents to apply for EC using the VAF10 forms and refuses to accept applications on VAF2 with HSMP dependent fee.

Under UK immigration law, dependents of HSMP migrants can qualify for ILR at the same time as the main migrant only if immigration rules 194-196D apply (And this is possible only when the main migrants are covered under immigration rules 135A - 135AH, as HSMP JR confirms). The moment a dependent of HSMP JR protected migrant uses VAF10 to apply for EC, he/she agrees to be treated under immigration rules 319A-319K, thus creating an issue (and room for misinterpretation).

Not an easy task, I must admit, specially when BHC refuses to communicate with you / applicant directly on the issue.


regards

[rizwan567]

No document addresses the fee issue.

It is entirely up to you how to convince BHC that dictating use of VAF10 for HSMP JR protected migrants is unlawful. The following may help:

VAF10 form is specified for Tier 1 dependents under immigration rules 319A-319K. HSMP JR protected migrants are not Tier 1 migrants and therefore not covered by Tier 1 immigration rules, EC applications by dependents should be made on VAF2 forms and must be accepted by UKBA. But UKBA (Visa Services) forces such dependents to apply for EC using the VAF10 forms and refuses to accept applications on VAF2 with HSMP dependent fee.

Under UK immigration law, dependents of HSMP migrants can qualify for ILR at the same time as the main migrant only if immigration rules 194-196D apply (And this is possible only when the main migrants are covered under immigration rules 135A - 135AH, as HSMP JR confirms). The moment a dependent of HSMP JR protected migrant uses VAF10 to apply for EC, he/she agrees to be treated under immigration rules 319A-319K, thus creating an issue (and room for misinterpretation).

Not an easy task, I must admit, specially when BHC refuses to communicate with you / applicant directly on the issue.


regards

Dear sushdmehta

I need a favour from you. I will be thankful if you could help in preparing a sample covering letter to submitt in BHC for EC applicantion of dependents of HSMP holders covering by JR. I belive this letter would be helpful to many others as well.

If you do not have enough time to write a letter just give some clues or write few lines...

Thanks