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PBS Dependent Visa UK

A PBS Dependent Visa, also known as a Family Member of a PBS Migrant Visa, enables eligible family members of individuals holding or applying for a UK visa under the Points-Based System (PBS) to enter and reside in the UK.

For detailed information about the PBS Dependent Visa, including eligibility requirements, the application process, and expert support, call us today at 02033939272 or reach out to us online.

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Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

What is PBS Dependent Visa?

According to the UK visa system, a PBS dependent is considered:

  • The primary applicant’s spouse, civil partner, unmarried partner, or same-sex partner who currently has or is applying for one of the qualifying visa routes.
  • A person who is already married to or in a relationship with someone who has UK Indefinite Leave to Remain or British citizenship and last had leave under one of the qualifying visa pathways but does not yet qualify for that type of immigration status.
  • If one parent has UK ILR or British citizenship and the other parent does not, and the minor child’s last leave was as a PBS dependent issued on or after July 9, 2012, then the minor child may be eligible for indefinite leave to remain. Dependent children are subject to additional regulations; for details, see below.

In order to apply for a PBS dependent visa UK, sponsored migrant family members must not have a history of being granted entry clearance or leave as a visitor, short-term student, parent, or child of a short-term student.

If you’re willing to apply for a Family Member of PBS Migrant Visa, speak to our experienced solicitors for expert assistance at 02033939272.

PBS Dependent Visa

Eligibility Criteria for PBS Dependent Visa UK

To begin, you must provide evidence that you are a qualifying relative of a PBS primary applicant or visa holder (your “sponsor”), namely one of the following:

  • Spouse, provided that both of you are at least 18 years old and your marriage is officially recognised.
  • The spouse who is not married and has lived with the PBS visa holder for a minimum of two years continuously.
  • Unmarried child under 18 when applying for a visa.

Financial Requirement

In certain cases, dependent applicants may be required to provide proof of minimum funds to bolster their application. However, there are exceptions to this rule, such as routes that do not require proof of adequate maintenance and accommodation or those that do not require proof of 12 months or more of lawful presence in the UK at the date of application.

The required amount will vary depending on the main applicant’s route. For instance, in order to prove that they can support themselves in the UK under the Skilled Worker route, dependents must provide evidence of:

  • £285 as a partner
  • £315 per child
  • £200 for each additional child

The cash must have been available for 28 days. After applying for this visa, Day 28 must be within 31 days.

It is not possible to get maintenance confirmed by a sponsor for family members of individuals who have established or been granted British citizenship; instead, they must always provide evidence of financial funds.

Problems with demonstrating financial resources

Be careful not to make these typical mistakes while demonstrating the financial need in your application:

Insufficient funding

All applications will be rejected if the information presented cannot demonstrate enough funds to support the entire family.

Sponsor does not disclose funds

You can rely on the sponsor of the primary visa holder to cover the financial requirement for dependent applicants under the Temporary Worker, Global Business Mobility, T2 Minister of Religion, International Sportsperson, Scale-up, and Skilled Worker routes. However, you’ll need to provide enough proof of this in your application.

Attempt multiple fund uses

There can be no simultaneous use of the same funds for more than one visa application.

Held for 28 days

You need to make sure the money has been sitting in a savings account for at least 28 days before you apply.

Failing to maintain and accommodate

Applicants must demonstrate that they are able to support themselves and their families without relying on government assistance in order to have their applications for the Representative of an Overseas Business or UK Ancestry routes denied.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

What is Maintenance Certification?

Maintenance certification refers to a commitment by the sponsoring employer or business to financially support the worker for their first month of employment in the UK. This support must meet or exceed £1,270. If the sponsor certifies maintenance, the visa applicant is not required to provide additional proof of financial means.

The sponsoring employer can certify that the applicant meets the financial requirements by selecting the “Maintenance” box on the Certificate of Sponsorship (COS). If the applicant has dependents, the employer can choose whether to include them in this certification. If dependents are excluded, the sponsor must add a Sponsor Note to the COS after it has been assigned to the worker.

Important Note:
Maintenance certification by a sponsor is not available for dependents of individuals who are settled in the UK or have been granted British citizenship. In such cases, dependents must provide proof of financial resources independently.

Police Registration

Certain individuals may be required to register with the police under Section 10 of the Immigration Rules. This applies to “relevant foreign nationals,” including:

  • Individuals aged 16 or older.
  • Citizens of countries listed in Appendix 2 of the Immigration Rules.
  • Stateless individuals or those holding non-official travel documents.

Certification of Criminal History

For dependents applying under the PBS route, a criminal record certificate is required. This applies if:

  • The dependent partner is 18 years or older.
  • They have lived in any country for 12 months or more (either continuously or cumulatively) during the 10 years prior to the application date.

This requirement also applies if the primary applicant or worker is employed under the Skilled Worker route in an occupation that requires criminal history certification.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

What Are Exceptional Dependent Applications?

If an applicant does not meet the standard PBS Dependent requirements, they may still have the option to apply for Leave Outside the Immigration Rules. To succeed, the applicant must demonstrate circumstances that are exceptional, compelling, and compassionate.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

What You Can Do on PBS Dependent Visa?

With permission to enter or remain in the UK as a PBS dependent, you will be able to:

  • Work either full-time or part-time in any capacity, including paid employment, self-employment, or volunteer work (see below for an exception)
  • You are allowed to study either full-time or part-time, as long as you meet the requirements set out in Appendix ATAS of the Immigration Rules, which ban the study of specific subjects. However, you are required to obtain an ATAS certificate before you begin the course.
  • You can leave and return to the UK as many times as your visa is valid.
  • Request a visa extension
  • With the exception of Tier 4 General Student PBS dependents, you can apply for UK indefinite leave to stay once you have met the residency requirement.

However, you won’t be able to:

  • Get public funds
  • Engage in professional athletic competitions, unless the primary candidate possesses permission to do so via a UK Ancestry visa
Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

How to Apply For a PBS Dependent Visa?

If you are already outside of the UK and want to become a dependent of a PBS visa holder, you can apply for entry permission online. If you are already in the UK with legal status, you can apply for leave to remain. As a dependent, you must prove your eligibility and suitability in the application.

You have to submit your biometric information, which can be provided at a visa application centre.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

List of Documents Required for PBS Dependent Visa UK

When you apply for a visa, you will need to send in supporting documents. In general, you should provide: however, the specifics will vary based on your situation and eligibility criteria.

Proof of a qualifying relationship with the the holder of a PBS visa; for instance, spouses may be required to provide:

  • Certificates proving marriage or civil partnership
  • Joint bank statements
  • The same council tax bill in both names
  • Shared utility bills in both names
  • Personal bank or building society statements for the 90 days immediately preceding the application
  • In specific cases, a criminal record certificate is required (for details, see below)
  • Evidence of adequate maintenance funds
  • The Certificate of Sponsorship (if applicable) for the PBS worker
Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

PBS Dependent Visa UK Processing Time

In general, the following times will be needed to process your visa. However, pandemic restrictions may affect working times, so applicants should check lead times when they make their application.

  • The processing time for PBS-dependent applications submitted from outside the UK can vary from one processing centre to another but is typically around three months.
  • If you are already in the UK and want to switch to a PBS dependent visa or extend a current one, it can take up to 8 weeks with the standard service, up to 10 days with the paid priority service, or the same day you apply with the premium service, which costs extra.
  • ILR application from a PBS dependent might take up to six months.
Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

How Long Are PBS Dependants Allowed to Stay in the UK?

For PBS visas, dependents are typically granted leave when the main applicant’s leave expires. However, if the main applicant has been granted indefinite leave to remain, dependents like you would be granted three years of leave initially. After that, you can apply to extend your visa until you reach the qualifying period of five years, and then you can apply for indefinite leave to remain on your own.

A child whose parent has a valid UK visa can remain in the country for the duration of that parent’s visa. You are eligible for an additional three years of visa eligibility if either parent holds an ILR or British citizenship.

PBS Dependent Visa UK Cost

The application fee for a PBS dependent visa is contingent upon the visa type that the primary applicant is seeking or currently possesses.

Fees can change, so you should always check for the most up-to-date information.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

Can I extend my PBS Dependent Visa UK?

To ensure their continued legal status, PBS dependants should file for visa extensions before their current ones expire. It is possible to apply either simultaneously with the primary PBS visa holder or before their own visa expires.

If you and your sponsor are still meeting the requirements of your initial PBS dependent visa, you should be eligible to renew it. In addition, you need to be physically present in the UK when you submit your application.

When you visit the UK for medical treatment, you’ll additionally have to pay the health fee. You might have to prove your connection to the PBS migrant all over again. Proof of job, income, and residence will be required. Some examples of such documents include utility bills, pay stubs, bank statements, and PAYE statements.

It is important to mention that once the main visa holder has become a British citizen or achieved settlement through long residence, their partner must change their status to that of a settled person. After this, they will no longer be able to apply for immigration dependent status or extend their leave.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

What should I do if my PBS Dependent Visa is denied?

Suppose your application for entrance clearance, leave to remain, or settlement has been denied. In that case, we may advise you on the viability of submitting a new application or appealing the decision made. If the decision-maker does not follow the Home Office or Immigration Rules correctly, they can be challenged.

If the decision to deny your application is illegal, irrational, or procedurally incorrect, our immigration lawyers can represent you at a Judicial Review hearing.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

How can Rees Clayton Assist You?

Rees Clayton Immigration Solicitors has a team of specialists with decades of experience providing visa immigration services. We have helped hundreds of candidates for PBS Dependent Visas to successfully prepare and submit their applications.

Our immigration solicitors can offer you professional guidance on following the Immigration Rules. They can perform a thorough evaluation of your eligibility to be granted a PBS Dependent Visa. Additionally, they can help you prepare and submit your immigration application. They can also provide you with advice on sponsoring family PBS UK.

If you’re facing any difficulty in meeting the requirements of a family visa for PBS migrants, you can contact us. We’re just one click away. Let us be your legal adviser and help you complete the application process for a UK points-based system family visa.

Our experienced PBS Dependent Visa Solicitors can help you with your immigration process.

FREQUENTLY ASKED QUESTIONS

Questions & Answer

A relative of someone in the UK on a Points-based (PBS) visa is referred to as a PBS dependent. PBS dependents may apply for a visa based on their qualifying relationship. During their stay, they will be subject to specific requirements, such as the ability to apply for an indefinite leave to remain.

Yes, there are no restrictions on the kind of work that PBS dependants can do while in the UK.

A dependent visa is available to individuals who are either the spouse, an unmarried partner in a long-term relationship, or a minor child of a UK points-based visa holder at the time of the initial visa application.

After five years of continuous residence in the UK, the principal visa holder and their dependants can apply for UK indefinite leave to remain. However, there are routes, such as the investment visa, that give shorter qualifying residency terms for ILR.

Any PBS dependent over the age of 18 who intends to study in the UK must first apply for a certificate from the Academic Technology Approval Scheme.

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About Us

Rees Clayton Immigration is an authorised trading style of Rees Clayton Solicitors, a UK-based firm specialising in personal and business immigration services. Rees Clayton Solicitors are authorised and regulated by the Solicitors Regulation Authority (SRA), under SRA Number 635563.

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