The Dependant visa category is for the family members of Point Based System (PBS) and Appendix W migrants to enter and remain with them in the UK. The family members must be the spouse, civil partner, unmarried/same sex partner or a child (under the age of 18 years old on initial application) to qualify.
In order to qualify for entry clearance or leave to remain as the spouse or partner of a PBS or Appendix W migrant, the applicant must be above 18 years old and satisfy the below requirements.
In case of a child, the applicant must be under 18 years old at the date of first application under this category. The child applicant also should not have formed an independent family unit and are not leading an independent life to qualify as a dependant. It is also a requirement that both parents must be awfully present in the UK or being granted entry clearance or leave to remain at the same time, unless the main applicant has sole responsibility for the child’s upbringing or there are compelling circumstances.
PBS Dependants are normally allowed to work in the UK. However, Tier 4 (General) student dependants will not be allowed to work whilst in the UK if the main applicant’s grant of leave is for a course of study below degree level, unless the Tier 4 migrant is a government sponsored student and the course of study is longer than six months. The Dependants of PBS migrants are also not allowed to work as a professional sportsperson, including coaching, or a doctor or dentist in training unless they have obtained a primary degree within the UK.
The family members granted with Dependant visa will generally be granted leave in line with the expiry of the PBS or Appendix W migrant’s leave. If the applicant extends their Dependant visa after the main applicant has been granted ILR (under the standard 5 year route), they will be granted a three year extension. A further extension application can be made to reach the ILR qualifying period. The Dependant partners must also need to satisfy a 180 day residency requirement when applying for settlement. They have to provide evidence that they have not spent more than 180 days in any 12 month rolling period outside the UK during the validity of any visa issued after 11 January 2018.
Our Immigration lawyers at City Legal have immense experience in assisting clients on PBS & Appendix W Dependant visa applications. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.