PBS Dependants and other dependants visa

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The Family Member of a PBS Migrant visa category is for partners and children of points-based system migrants to enter and remain the UK with their family member. To apply in this category, you must be related to a PBS migrant as either their husband, wife, civil partner, unmarried partner, same sex partner or child (under the age of 18 at first application).

Requirements for a Family Member of a PBS Migrant visa

In order to qualify for entry clearance or leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

• You are over the age of 18;

• You are the spouse, civil partner, unmarried partner or same sex partner of a person who has leave as a PBS migrant, is being granted leave at the same time as a PBS migrant or, if applying for an extension of stay, your partner has ILR as a PBS migrant or has obtained British citizenship after having ILR as PBS migrant;

• If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years;

• Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK;

• You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;

• You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant);

• If applying for leave to remain, you were not last granted entry clearance or leave as a visitor, short-term student, temporary admission or temporary release;

• If over 18 and seeking entry as a partner of a Tier 1 Investor or Tier 1 Entrepreneur, you have provided a criminal record certificate from the relevant authority in any country in which you have been present for 12 months or more in the past 10 years while aged 18 or over.

To be granted entry clearance or leave to remain as the child of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

• You are the child of a person who has leave as a PBS migrant, is being granted leave (including ILR) at the same time as a PBS migrant, or has indefinite leave to remain or British citizenship and who was last granted ILR under the rules relating to Tier 1, 2 or 5;

• You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time;

• You are not married or in a civil partnership, have not formed an independent family unit and are not leading an independent life;

• You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;

• Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time, unless:

• the PBS migrant is your sole surviving parent;

• the PBS migrant has and has had sole responsibility for your upbringing;

• there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for your care in the UK;

• You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant)

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Our specialist immigration lawyers are experts in the field and offer comprehensive legal advice as a standard.  Our team has experience of dealing with clients from all over the world and will ensure any application meets the legal requirements for entry into the United Kingdom.

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