PBS Dependant Visa
The Family Member of a PBS Migrant visa category is for partners and children of points-based system migrants to enter and remain the UK with their family member. To apply in this category, you must be related to a PBS migrant as either their husband, wife, civil partner, unmarried partner, same sex partner or child (under the age of 18 at first application).
In order to qualify for entry clearance or leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:
- You are over the age of 18;
- You are the spouse, civil partner, unmarried partner or same sex partner of a person who has leave as a PBS migrant, is being granted leave at the same time as a PBS migrant or, if applying for an extension of stay, your partner has ILR as a PBS migrant or has obtained British citizenship after having ILR as PBS migrant;
- If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years;
- Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK;
- You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
- You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant or Tier 1 Exceptional Talent migrant);
- If you are the family member of a Tier 4 General Student, the Tier 4 General student is studying, or will be studying, on a specified type of course.
If your application for a Family Member of a PBS Migrant visa is successful, you will generally be granted leave in line with the expiry date of the PBS migrant’s leave. Where the PBS migrant has been granted indefinite leave to remain, you will be granted a period of three years leave. An application for further leave can then be made, if required, to take you up to the applicable qualifying period for indefinite leave to remain.
If the main migrant changes employer or educational institution, PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave.
Partners of PBS migrants granted leave since 11 January 2018 will need to satisfy a 180 day residence requirement when applying for indefinite leave to remain. The Home Office will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods.
PBS dependents can work in the UK unless they are applying for leave as a partner of a Tier 4 migrant, and the Tier 4 migrant has been granted less than 12 months leave or the Tier 4 migrant is following a course below degree level.
Children over the age of 18 who have not previously been granted leave as the family member of a PBS migrant cannot be granted leave in this category. Similarly, other relatives, for example parents or grandparents, cannot apply in this category.
Our qualified lawyers at City Legal have extensive experience processing successful UK Dependent Visa applications. We understand how confusing these applications can be, and we can help make everything clear. Our experts can navigate the complications and various categories to establish the best path for an Dependant Visa application that will be approved.
Please get in touch with one of our experienced immigration lawyers for assistance with your application on 0330 058 3929.