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Point Based System Dependents


Do you need to apply for a Point Based System Dependents?
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What is a Point Based System Dependent Visa?

The PBS Dependant Visa is designed to allow dependants, who are family members or partners, to join, accompany or stay in the United Kingdom with the main applicant - also known as PBS Migrant. The point based system consists of Tiers 1, 2, 4 and 5.


Who is a Dependant?

A dependant can be:

  • A spouse, unmarried partner or same sex partner.

  • A child who is under 18 years of age, or over 18 and already in the United Kingdom as a PBS Dependant. The child will need to prove that they are not living an ‘independent life’ away from the PBS Migrant.

Dependants should have a genuine and subsisting relationship with the PBS Migrant and they must usually live at the same address as the PBS Migrant. There are some exceptions to this, such as children at a boarding school or dependents having employment in different cities and therefore they have to live away from the family home.


What Visa Should the Main PBS Migrant Have?

The main PBS Migrant must have a Tier 1, 'HSMP', Tier 2, Tier 4 (General) or a Tier 5 visa. You cannot be a dependent on a visitor visa as it is not a part of the Points-Based System.

Dependants of a Tier 4 Student Visa holder

The Tier 4 visa holder must meet certain conditions in order for their dependants to be allowed to come or stay in the UK. If you are in the UK and want your dependants to come over, you will be entitled to apply as the Family Member of a Tier 4 (General) Migrant in the UK.

However, the following criteria should be met:

  • Main applicant is studying in a government-sponsored institution and their course is longer than six month.

  • Main applicant is studying postgraduate level (7) course of 12 months or longer at a publicly-funded Higher Education Institution or a 'recognised body' OR

  • Main applicant’s most recent immigration permission was as a Tier 4 (General) student or a pre-Tier 4 student on a course longer than six months AND all four bullet points below apply:

  • The permission is current or expired no more than three months before this immigration application. The new immigration application is for a course that is longer than six months AND

  • The dependant already has Tier 4 dependant or 'student' dependant immigration permission (or it is the most recent immigration permission that they had, and it expired no more than three months before current application).

  • The main applicant applies for immigration permission at the same time as your dependant

Dependents of a Tier 1, 2 and 5 Migrant

The dependents of Tier 1, 2 and 5 can be granted entry clearance or leave to remain in the UK if they are family members, unmarried partner or same sex partner of the main migrant. The dependent will need to satisfy that the relationship is genuine and subsisting and the maintenance requirement.


How Long is a PBS Dependant Visa Valid?

A PBS Dependant Visa should expire on the same day as the visa of main PBS migrant.


Do you need to apply for a Point Based System Dependents?
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We specialise exclusively in UK Immigration and Nationality Law. We are regulated by the Office of the Immigration Services Commissioner(OISC). We provide immigration services to clients from worldwide. Immigration law is complex and with the rules constantly changing we strongly recommend that you use specialists to support and represent you from the start. Call us now for an honest opinion of your case, possible costs and options.

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