Many migrants come to the UK and they have their dependents back home. They also want to join them in the UK. The UK Immigration rules do allow the dependents to accompany or join the main applicant in the UK.
Point-based system (PBS) dependent visa is for the family – Wife/ Children under 18 years of age to join or accompany the main applicant. Dependents may have different rights given to them as compared to the rights applicable to the main applicant. As a PBS dependent you need to know the rights you have, entitlement for activities and so on. It is important for you to understand all the factors that apply to you as a PBS Dependent. Once you know this you won’t breach any UK immigration laws and you also plan properly for your ILR if you decide to make the UK your home. There are many variations in rules and requirements for PBS dependents are under paragraph 319 of the Immigration Rules.
If you came to the UK after July 2012 then you need to spend minimum 5 years in the UK to qualify for ILR.
Tier 1 and Tier 2 PBS dependents
A dependent is one who is one of the following:
- Your husband, wife or your unmarried partner.
- Your child below 18 years
- Your child above 18 who came in the UK as a dependent before they turned 18 years old.
Please note – Children above 16 years of age have additional evidence requirements.
Tier 1 and Tier 2 PBS dependents can enjoy following:
- They can work full time in the UK without any restriction.
- They can apply for ILR after 5 years in the UK. However, they must show evidence of a genuine and subsisting relationship in the UK.
- They cannot enjoy benefits while in the UK as this is a breach of a PBS Dependent’s immigration permission.
- They can study full time when they are in the UK. But they have to pay international university fees for this.
- They are not tied to the same number of days out of the country restrictions as the main applicant.
- They can access NHS
You must show that dependents coming to join you can be supported financially and will not be dependent on public funds in the UK. Each dependent whether applying with you or separately must have at least £630 available with them and this is required in addition to the amount of £945 which you must have to support yourself while you are in the UK. You must show the proof that money has been available and it has been in your bank account or the dependent’s bank account for a minimum 90 days before you or dependents apply. However, you don’t need to show evidence of savings if you have a fully approved A-rated Tier 2 sponsor provides confirmation of maintenance for dependents.
Please note – Tier 1 Dependents applying from outside the UK have to show £1890 for 90 days, whereas Tier 2 dependents only need to show £630 from outside or inside the UK.
Applying from within and outside the UK and applying for children born while you are in the UK
If your dependents apply from outside the UK then they can apply online and if your partner and/or child apply from within the UK to extend or switch their visas to stay with you if they are already in the UK then they can ask to use priority service and get same day decision at the premium service center. If you have children while you are in the UK, you can apply to receive permission for your children to stay in the UK.