Navigating the UK immigration system can be complex, especially when it comes to joining a loved one who is already living and working in the UK under a points-based system (PBS). For those in this position, the Family Member of a PBS Migrant Visa (also referred to as the ‘PBS Dependant Visa’) provides a pathway to live, work, or study in the UK alongside your PBS sponsor.
Whether you are a partner or child of a PBS migrant, understanding the requirements and process is key to securing this visa and reuniting with your family. So, in this guide I’ll discuss eligibility criteria, application steps, and what life on a PBS Dependant Visa entails. As always, it’s worth speaking to an immigration lawyer to ensure you get the most up-to-date and tailored advice.
So, let’s get started with the basics:
What is a points-based system (PBS) migrant?
A PBS migrant is someone who has been granted a visa under the UK’s points-based system (PBS). The PBS includes several visa categories including the Skilled Worker, Global Talent, Innovator Founder, and Start-up visas. If you need further information on this, you can read more about the points-based system on the UK government website here.
Can the family member of a PBS migrant live, work and study in the UK?
Yes. A family member of a PBS migrant can now obtain a PBS Dependant Visa (Family Member of a PBS Migrant Visa) which allows them to live, work or study in the UK.
Who is eligible for a PBS Dependant Visa?
To apply for a PBS Dependant Visa, you must be the PBS migrant’s husband, wife, civil partner, unmarried partner, same-sex partner, or child under 18 (at the time of your first application). If you fall under one of these categories, you can apply.
Partners: What are the requirements for partners of a PBS migrant to get a UK visa?
- To qualify as the partner of a PBS migrant, you must meet the following requirements:
Relationship: You must either be legally married to the PBS migrant or have been living with them in a relationship equivalent to marriage for at least two years. Additionally, you must intend to live together in the UK for the duration of the PBS migrant’s stay. - Financial support: You need to demonstrate that you can financially support yourself throughout your stay in the UK without relying on public funds. The required amount varies depending on the PBS migrant’s visa category. For instance, under the Skilled Worker route, you must show you have at least £285 per month. Bank statements must confirm that the required funds have been consistently available for at least 28 consecutive days.
- Other conditions: You cannot apply if you have previously been granted entry clearance or leave to remain as a visitor, short-term student, or under temporary admission or release. In some cases, you may need to provide a criminal record certificate.
- Supporting evidence: You must submit documents verifying your identity, your relationship with the PBS migrant, and your dependence on them. Additionally, you will need to attend an appointment to provide biometric data, including fingerprints and a photograph.
- If over 18 and applying as the partner of a Tier 1 Investor or Entrepreneur, provide a criminal record certificate from any country where you lived for 12 months or more in the last 10 years after turning 18.
Children: What are the requirements for children of a PBS migrant to get a UK visa?
To qualify as the child of a PBS migrant, you must meet the following requirements:
Age: You must be under 18 years old at the time of your application. If you are 18 or older, you must have previously been granted leave as a dependant of a PBS migrant.
- Relationship: You must provide evidence that you are the child of a PBS migrant. If you were born in the UK or have not previously been granted leave as a PBS migrant’s dependant, you will need documents proving your relationship.
- Independence: You cannot be married, in a civil partnership, or part of an independent family unit. Additionally, you must not be living independently.
- Maintenance funds: You are required to meet the maintenance funds criteria, unless the PBS migrant is a Tier 1 Investor.
- Parental presence: Both of your parents must either already be in the UK lawfully or be applying for entry clearance or leave to remain at the same time as you. Exceptions include situations where one parent is deceased or has sole responsibility for your care.
- Immigration health surcharge: You must pay the Immigration Health Surcharge, currently set at £776 per year.
How long can a PBS Dependant stay in the UK?
If your application for a PBS Dependant Visa is approved, you will usually be granted leave that matches the expiration date of the PBS migrant’s leave – in other words, the same as your partner or parent. If the PBS migrant has been granted indefinite leave to remain (ILR), you will usually receive a period of three years’ leave. After that, you can apply for further leave if needed, to meet the qualifying period for ILR.
If the primary migrant changes their employer or educational institution, PBS dependants can continue living in the UK until the end of the period covered by their current leave.
For partners of PBS migrants granted leave since 11 January 2018, a 180-day residence requirement must be met when applying for indefinite leave to remain. The Home Office will assess absences from the UK on a rolling basis, rather than in separate 12-month periods.
Children over 18 who have not previously been granted leave as a family member of a PBS migrant are not eligible to apply for this visa. Similarly, other relatives, such as parents or grandparents, cannot apply under this category.
Conclusion
Securing a Family Member of a PBS Migrant visa, or PBS Dependant Visa, offers an essential opportunity for partners and children of PBS migrants to join their loved ones in the UK. By understanding the key eligibility criteria, such as relationship requirements, financial maintenance, and your intention to live together in the UK, you can navigate the application process with greater confidence. While the journey to securing this visa can be complex, ensuring you meet the necessary conditions will help facilitate a smooth and successful application. Ultimately, this visa provides a valuable route to family reunification, allowing dependants to build a life together with their PBS migrant family member in the UK.
Have you thought about working with an immigration expert? Working with an immigration lawyer has many benefits, including increased speed of application approval, a personal service tailored to your needs, advice and guidance after the initial application, as well as help with appeals and litigation. In short, it gives you the peace of mind that your application is in the best possible hands. With an unrivalled success rate, YI Solutions works with both individuals and businesses to ensure you are able to complete your immigration applications successfully. Contact us for a free consultation today.
