PBS Dependant

This route is for the partner and children of points-based system migrants to enter and remain the UK with their family member.

Eligibility requirements for entry clearance or leave to remain as the partner of a PBS migrant

You must satisfy the decision maker 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.

  • If applying for leave to remain, you were not last granted entry clearance or leave as

    a visitor, short-term student, temporary admission or temporary release;

    Eligibility requirements for entry clearance or leave to remain as the child of a PBS migrant

    you must satisfy the decision maker that

  • You are the child of a person who has leave as a PBS migrant, is being granted leave (including ILR) at the same time as a PBS migrant, or has indefinite leave to remain or British citizenship and who was last granted ILR under the rules relating to Tier 1, 2 or 5.

  • You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time.

  • You are not married or in a civil partnership, have not formed an independent family unit and are not leading an independent life.

  • You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;

  • Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time, unless:

o the PBS migrant is your sole surviving parent;

o the PBS migrant has and has had sole responsibility for your upbringing;

o there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for your care in the UK;

• You satisfy a maintenance funds requirement.

How long you can stay

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.

Switching to this PBS Dependant visa:

Switching to the PBS Dependant visa is possible.

Further information, help, and advice

Our team of specialists has years of experience in visa services. We are registered with the OISC at Level 3 to provide Immigration advice and services.

For more information and advice on UK immigration law and UK visa applications please contact us on 0203 488 2308 or at Info@worldwideimmigration.co.uk

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