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.
The UK Dependant visa category is for the family members of Point Based System (PBS) 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.
To qualify for entry clearance or leave to remain as the spouse or partner of a PBS migrant, the applicant must be above 18 years old and satisfy the below requirements.
In the case of a child, the applicant must be under 18 years old at the date of the first application under this category. The child applicant also should not have formed an independent family unit and is not leading an independent life to qualify as a dependant. If the child dependant is 16 years of age or over you must provide evidence of their address. 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, Student dependants will not be allowed to work in the UK if the main applicant’s grant of leave is for a course of study below degree level unless the student 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 with Dependant visas will generally be granted leave in line with the expiry of the PBS migrant’s leave. Those required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependent partner and child of the lead applicant. A further extension application can be made to reach the ILR qualifying period. The Dependant partners must also 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. The Dependant children’s parents must be either being granted settlement at the same time applicant or have previously been granted settlement unless the parent being granted settlement is either the sole surviving parent, has sole responsibility for the child’s upbringing or if the Home Office are satisfied there are significant reasons to grant the dependant child settlement.
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.
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.
There is no requirement to prove English Language proficiency under this category. However, it’s worth noting that applicants who wish to apply for Settlement will need to meet both English language and Life in the UK requirements.
The evidence may include correspondence addressed to both the applicant and PBS Dependant partner individually or jointly and spread out evenly over the 2 years. The documents should be from at least 3 different sources and may include bank statements, utility bills, mortgage statements, council tax bills etc. The Home Office suggests that applicants may provide 6 items of correspondence if in joint names or 12 items (6 each) if in sole name only.
UK spouse, civil partner or unmarried partner visa is issued on the basis of the applicant’s relationship with their sponsor. If the relationship ends, the Home Office will curtail the visa giving a short period of time to make a new application under a new route or leave the country.
The Home Office stated that a bank statement, credit card bills, driving licence, NHS registration document and/or an official letter from their university or college could be sufficient to prove their address.
