The Dependant visa category allows for the entry and stay in the UK of family members of Point Based System (PBS) and Appendix W migrants. To qualify, family members must be a spouse, civil partner, unmarried/same sex partner, or child (under the age of 18 at the time of application).
REQUIREMENTS FOR DEPENDENT VISA ELIGIBILITY
To be eligible for entry clearance or leave to remain as a spouse or partner of a PBS or Appendix W migrant, the applicant must be over the age of 18 and meet the requirements listed below. You must be the spouse, civil partner, unmarried partner, or same sex partner of a PBS or Appendix W migrant. Concurrently granted leave or, if applying for an extension of stay, partner possesses ILR as a PBS or Appendix W migrant or possesses British citizenship following acquisition of ILR as a PBS or Appendix W migrant Have been in a relationship resembling marriage or a civil partnership for a minimum of two years (if applying as unmarried partner) The relationship is genuine, ongoing, and sustained, and the couple has no intention of remaining in the UK beyond the period of leave granted to PBS or Appendix W migrants.
Satisfy the applicable category’s requirement for maintenance funds. If applying as a Student Dependant, you must meet the specified course requirements. In the case of a child, the applicant must be under the age of 18 at the time of the initial application. Additionally, the child applicant must not have formed an independent family unit or lead an independent life in order to qualify as a dependant. Additionally, both parents must be physically present in the UK or be granted entry clearance or leave to remain concurrently, unless the primary applicant is solely responsible for the child’s upbringing or compelling circumstances exist.
LEAVE, EXTENSION, AND SETTLEMENT CONDITIONS
Generally, PBS dependents are permitted to work in the United Kingdom. However, Tier 4 (General) student dependants will not be permitted to work in the UK if the primary applicant’s leave is for a course of study below the level of a bachelor’s degree, unless the Tier 4 migrant is a government-sponsored student enrolled in a course of study lasting more than six months. Dependents of PBS migrants are also prohibited from working as professional athletes, including coaching, or as doctors or dentists in training, unless they have obtained a primary degree in the United Kingdom. Family members granted a Dependant visa will typically be granted leave in accordance with the expiration of the migrant’s PBS or Appendix W leave. If the applicant applies for an extension of their Dependant visa after the primary applicant has been granted ILR (via the standard five-year route), they will be granted a three-year extension.
Additional extensions may be requested to reach the ILR qualifying period. When applying for settlement, dependent partners must also meet a 180-day residency requirement. They must demonstrate that they did not spend more than 180 days outside the UK in any 12-month rolling period during the validity of any visa issued after 11 January 2018.
HOW CAN WE BE OF ASSISTANCE?
At Lemian & T Solicitors, our immigration attorneys have extensive experience assisting clients with PBS and Appendix W dependent visa applications. We are a multi-award winning law firm that takes pride in being approachable, innovative, and always going the extra mile to ensure our clients receive the personalised attention they deserve. Our Immigration team has a strong reputation and is committed to providing our clients with clear, transparent, and reliable advice.
FREQUENTLY ASKED QUESTIONS
Q: MUST I REAPPLY IF THE MAIN APPLICANT CHANGES JOBS?
A: If the main migrant changes jobs or schools, PBS dependants can stay in the UK until the end of their current leave period.
Q: CAN I CHANGE CATEGORIES IN THE UK?
A: Tier 4 Student Dependant visa holders may apply to switch to Tier 2 General from within the UK. Even if the switch occurs in the country, a Restricted Certificate of Sponsorship will be required.
Q: HOW LONG DOES IT TAKE TO APPLY FOR SETTLEMENT IF THE MAIN APPLICANT HAS ILR?
A:To apply for ILR as the spouse/partner of a settled person, you must first hold a dependant visa for at least 5 years before applying for ILR as the spouse/partner of a settled person.
Q: IS ENGLISH PROFICIENCY REQUIRED FOR DEPENDANT VISA?
A: No proof of English language proficiency is required in this category. To apply for Settlement, applicants must meet both English language and Life in the UK requirements.
Q: WHAT COURSES ARE REQUIRED FOR TIER 4 PBS DEPENDANTS?
A: To bring family members as dependents, Tier 4 General student migrants must be sponsored by a higher education institution on a course level 7 or above lasting 9 months or more. They will also qualify if they are a new government sponsored student studying for more than 6 months or a Doctorate Extension Scheme student.