PBS Dependent Visa Application

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Where the introduction of Point based System has created several complications, it has made some simplifications as well. A point-based migrant may invite his spouse / civil partner / unmarried partner and children under 18 years of age, to come and join them on Point Based System Dependents visa.

There are however several requirements for Point Base System Dependent Visa which need to be fulfilled. A minor mistake or absence of a necessary document may result in the refusal of the Point Base System Dependent Visa application.

WHO CAN APPLY FOR PBS DEPENDENT VISA?

You can apply for a PBS Dependent visa leave to remain:

  • if you are the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System;
  • if you are the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain; or
  • if you are the child of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and your other parent does not yet qualify for indefinite leave to remain whereby you last held leave as PBS Dependent granted on or after 9 July 2012.

Please note all Tier 1 and Tier 2 migrants (except short term ICT migrants) can invite dependents to come and join them in the UK as PBS Dependents. There are some categories of Tier 5 migrants as well who can sponsor their dependents.

REQUIREMENTS FOR TIER 4 DEPENDENTS

There are special Rules for the Tier 4 Dependents. Only following Tier 4 migrants can have their dependents in the UK:

  1. All Government Sponsored students who have been given leave under Tier 4 to study a course, longer than 6 months.
  2. Those Tier 4 migrants who are students of a recognized body or those Tier 4 Sponsors who are in receipt of funding as a higher educational institute and are studying a course at post graduate level and the course is for a duration of 12 months or longer.

What are the Requirements for Student Dependent Visa?

There are mainly following requirements for Student Dependent Visa PBS.

Genuineness & Subsistence of Relationship:

Entry clearance officers are keen on looking for documentary evidence relating to genuineness and subsistence of relationship. A marriage certificate only confirms the relationship, so it is important to provide all the possible documents confirming the subsistence of the relationship.

Maintenance Requirement:

There are no maintenance requirements for the applicants who wish to join their sponsors (main point-based migrants) who are on Tier 1 Investor or Tier 1 Exceptional Talent visa. The rest of the Dependents of PBS Migrant need to provide evidence that they or their sponsor have maintained specific level of funds for at least 90 days’ period.

There are special rules for family members of Tier 4 migrants as the level of funds required depend on two factors i.e.

  • Whether the sponsor (main PBS migrant) is studying inside London or outside London; and
  • Whether the sponsor (main PBS migrant) is an established student or not.

And also, the funds need to be maintained for a maximum of 28 days instead of 90 days.

Work Permissions for PBS Dependents:

The PBS dependents are generally allowed to take any employment or engage in self-employment activities except working as doctor in training or professional sports person or coach.

Once the PBS dependent visa application is approved, the applicant is given entry clearance or further leave to remain till the expiry of leave to remain of the main applicant or for 3 years if the main applicant has already acquired ILR or British Citizenship.

EXTENSION OF PBS DEPENDENT

In many cases, the main applicant is eligible for indefinite leave to remain in the UK upon completing 5 years in the UK (they may be eligible to apply for Indefinite Leave to Remain earlier in some cases using the accelerated route) and often the PBS dependents may also become eligible for Indefinite Leave to Remain at the same time. It however depends on the date when the PBS dependents were granted first leave to join the main applicant to assess whether they qualify for Indefinite Leave to Remain with the main applicant or they would need further leave to remain for another period of time in order to complete their 5 years of residence as PBS Dependent.

If at the time when the main applicant applies for his Indefinite Leave to Remain, and the PBS dependent has not completed 5 years of residence on dependent visa, they would need to apply for further leave to remain on the same basis. Once approved they would be given 3 years of leave to remain and upon completion of a total of 5 years they would be able to apply for ILR in their own right, provided they are able to fulfil the relevant requirements. The main applicant may proceed to become British citizen while his dependent still has leave to remain as dependent.

Requirements for Extension of PBS Dependent Visa

Following are the requirements for the extension of PBS dependent visa

  • The dependent must have or have last been granted leave as dependent of the main applicant who has already been given Indefinite Leave to Remain or is making Indefinite Leave to Remain application at the same time or has become British citizen.
  • The dependent and the main applicant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least five years.
  • The marriage or civil partnership or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
  • The dependent or his sponsor must have funds available for 3 months for maintenance purposes
  • The dependent and the main applicant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

ILR FOR PBS DEPENDENT SETTLEMENT

In many cases, the main applicant is eligible for indefinite leave to remain in the UK upon completing 5 years in the UK (they may be eligible to apply for Indefinite Leave to Remain earlier in some cases using the accelerated route) and often the dependents may also become eligible for Indefinite Leave to Remain at the same time. It however depends on the date when the dependents were granted first leave to join the main applicant to assess whether they qualify for Indefinite Leave to Remain with the main applicant or they would need further leave to remain for another period of time in order to complete their 5 years of residence.

Five years of residence is therefore mandatory requirement for the PBS dependent to be eligible for Indefinite Leave to Remain.

If at the time when the main applicant applies for his Indefinite Leave to Remain, the dependent has not completed 5 years of residence on dependent visa, they would need to apply for further leave to remain on the same basis. Once approved PBS Dependent would be given 3 years of leave to remain and upon completion of a total of 5 years PBS Dependent would be able to apply for ILR in their own right, provided PBS Dependent is able to fulfil the relevant requirements. The main Migrant may proceed to become British citizen while his Point base system dependent still has leave to remain as dependent.

Requirements for Indefinite Leave to Remain for PBS Dependents

Following are the requirements for Indefinite Leave to Remain applications for PBS Dependents: 

  • The PBS dependent must have or have last been granted leave as PBS dependent of the main applicant who has already been given Indefinite Leave to Remain or is making Indefinite Leave to Remain application at the same time or has become British citizen.
  • The PBS dependent and the main applicant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least five years.
  • The PBS dependent must not have been absent from the UK for more than 180 days during any 12 month period in the continuous period. There are however few exceptions.
  • The marriage or civil partnership or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
  • The PBS dependent and the main applicant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

Knowledge of English Language & Sufficient Knowledge about Life in the UK for PBS Dependents ILR

The Point Base System Dependent are required to provide evidence of the above which is at present fulfilled by passing life in the UK test and they would additionally be required to provide evidence of ability to communicate in English language at level B1.

Why to instruct Chauhan Solicitors to advise you on your PBS Dependent Visa application, PBS Dependent Visa Refusal or PBS Dependent Settlement Application

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for PBS Dependent Visa Application.

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