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March 10, 2023
Family member of PBS Migrant Visa
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FAMILY MEMBER OF A PBS MIGRANT VISA
The Family Member of a PBS Migrant Visa route enables UK Points-Based System migrants to sponsor their children and partners to enter or remain in the UK as their dependent family members. To qualify for leave to enter or remain in the UK under the Family Member of a PBS Migrant Visa, you must be related to the PBS Migrant as their husband, wife civil partner, unmarried partner same-sex partner or child (under the age of 18 at the time of their first application).
If you wish to apply for a Family member of PBS Migrant Visa speak to one of our specialised immigration lawyers for expert advice by completing our “Enquiry Form”.
Page Contents
What Are UK Spouse Visa Requirements ?
To successfully apply for a UK Spouse Visa, you must demonstrate to the UK Visas and Immigration that you meet:
- The suitability criteria outlined in Appendix FM annexed to the Immigration Rules;
- The Financial Requirements of an application for UK Spouse Visa, whereby you must have a gross annual earnings of at least £18,600 or savings of at least £62,500 if the applicant or the sponsor are unable to show income from employment or self-employment;
1.What Are The UK Spouse Visa Financial Requirements ?
In order to succeed in your application for a UK Spouse Visa, you will need to prove that you will be adequately maintained in the UK, if granted a UK Civil Partner Visa, without recourse to public funds.
To meet the UK Spouse Visa Financial Requirements, you will need to demonstrate that your British or settled partner (or if you’re living in the UK with a valid visa.
2.How Do I Meet The Spouse Visa UK Financial Requirements ?
The Spouse Visa UK Financial Requirements application can be met through one of the following sources:
Income generated from salaried or non-salaried income of the British or settled partner (or your own or joint salaried or non-salaried income where you are in the UK with a valid visa);
3.What is the Spouse Visa English Language Test?
In order to qualify for your Spouse Visa, you must be able to satisfy the UK Visas and Immigration that you speak and understand English at a required level depending on whether it is your first spouse visa application or an application for an extension of your spouse visa.
To meet the English Language Spouse Visa UK Requirements, you must demonstrate that you are:
- A Citizen of a majority English speaking country;
- You have passed an English Language test at Level A1 (if you’re applying for your first spouse visa) or A2 (if you are applying for an extension to your spouse visa) of the Common European Framework of Reference (CEFR); or
- You have been granted an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- You are exempt from meeting the English language requirement of a UK Spouse Visa application because you are over age of 65, have a disability that prevents you from sitting the English exam or that there are exceptional circumstances that prevent you from meeting the English language requirement prior to entry to the UK.
Who is considered a PBS Dependent?
To be eligible for entry clearance or leave to remain as a dependent of a Point Based System Migrant, you will need to demonstrate that:
- You are over the age of 18;
- You are the spouse, civil partner or same sex partner of the Sponsoring BPS Migrant (visa holder) or PBS applicant;
- You are the unmarried partner of the Sponsoring BPS Migrant (visa holder) or PBS applicant and you have lived in a relationship akin to marriage for at least two years prior to the date of application;
- You have a genuine and subsisting relationship with the Sponsoring BPS Migrant (visa holder) or PBS applicant and you intend to live together throughout the duration of the PBS Migrant’s stay in the UK;
- You have no intention of remaining in the UK beyond the validity of the PBS Migrant’s visa in the UK;
- You have the required level of maintenance funds for a PBS Dependent visa (unless the PBS migrant is a Tier 1 Investor migrant or Tier 1 Exceptional Talent migrant).
If you are the child of a Sponsoring BPS Migrant (visa holder) or PBS applicant, you may be eligible for entry clearance or leave to remain as child dependent of the PBS Migrant if you can satisfy the UK Visas and Immigration that:
- You are the child of a Sponsoring PBS Migrant or PBS Applicant;
- You are under the age of 18 at the time of submitting your initial application; or
- You are over the age of 18, but you are applying for leave to remain in the UK and you were last granted leave as a child of a PBS Migrant;
- You are not married or in a civil partnership, you have not formed a family unit of your own and you are not leading an independent life;
- You have no intention of living in the UK beyond the duration of your BPS parent’s leave;
- Your parents are already living in the UK with valid visas or they are applying for entry clearance or leave to remain at the same time as you;
- You are able to demonstrate that you have the required level of maintenance funds.
Maintenance funds for a PBS Dependent visa application
Unless the PBS Sponsor is a Tier 1 (Investor), Tier 1 (Exceptional Talent) or Global Talent migrant, you will need to satisfy the UK Visas and Immigration that you have sufficient funds to support yourself for the duration of your stay in the UK if you are granted a PBS dependent visa.
The level of maintenance funds you will need to show on an application for PBS dependent visa will vary depending on the specific PBS Visa Category under which your Sponsor has been granted leave or is applying for. For specific advice in relation to the required level of funds and other aspects of PBS Dependent visa, you may want to speak to an immigration lawyer for expert advice.
How long can I stay in the UK as a PBS Family Member?
Partners of PBS Migrants
If you succeed in your application for leave to enter or remain as a dependent family member of a PBS Migrant, you will be granted leave in line with the expiry date of the Sponsoring PBS Migrant’s leave. If the Sponsoring PBS Migrant has been granted indefinite leave to remain, you will be granted leave for a period of three years. You can then apply for further leave, if required, to take you up to the applicable qualifying period for indefinite leave to remain.
Children of PBS Migrants
If you succeed in your application for leave as a child of a PBS Migrant, you will be granted leave in line with the parent whose leave expires first. Where both of your parents have obtained indefinite leave to remain or are being granted indefinite leave to remain at the same time as your application, you will be granted leave for a period of 3 years.
What are the conditions of PBS Dependent Visa?
If you are granted leave to enter or remain as a dependent family member of a PBS Mirant, you will be permitted to take up full-time or part-time employment in the UK or Study full-time or part-time in the UK. You will not, however, be able to work in the UK if you have been granted leave as a partner of a Tier 4 migrant, and the Tier 4 migrant has been granted less than 12 months leave or the Tier 4 migrant is following a course below degree level.
In addition, you will not be able to have any recourse to public funds, take up employment as a sportsperson, or take up employment as a Doctor or Dentist in Training unless you have studied medicine or dentistry at a UK university or you were last granted leave to remain which did not restrict you from employment in any capacity and you were employed during that leave as a Doctor or Dentist in training.
How our lawyers can help you with your PBS Dependent Visa Application
Our lawyers are specialists in UK immigration law with almost a decade of experience. We have assisted hundreds of PBS Dependent Visa applicants to prepare and submit successful PBS Dependent Visa applications.
Our immigration lawyers can provide you expert advice on meeting the requirements of the Immigration Rules, carry out a detailed assessment of your prospects of qualifying for a PBS Dependent Visa and can assist you with the preparation and submission of your immigration application.
Our lawyers combine creative energy with deep technical legal expertise to uncover innovative, out-of-the-box and unconventional strategies that help you succeed in your application even when you’re facing inherent challenges in meeting the requirements of a PBS Dependent Visa.
We do this by deploying the following:
- Taking a holistic approach to analysing every facet of each case and formulating strategies to comprehensively address every element of the case;
- Bringing deep technical and substantive legal expertise;
- Collaborative strategizing among specialist lawyers, who operate at different levels of seniority, bringing a wealth of technical expertise, tactical know-how and diversity of perspective on your matter;
- Using Design Thinking to reframe the challenges you face with a view to redefining value and opening up the scope of solutions;
- Designing customised strategy to meet your specific challenges.
What this means for you?
If you instruct us to take on your case, our scope of work will comprise of the following:
- Taking detailed instructions to carry out a thorough analysis of your case;
- Assessing your eligibility for a PBS Dependent Visa in line with the requirements as set out in the Immigration Rules, the accompanying Policy Documents and the wider case-law jurisprudence;
- Notifying you of the strengths and weaknesses of your case;
- Advising you on strategies, where possible, to remedy the weaknesses in your case and better evidence the strengths of your case;
- Providing you detailed and customised advice on the documents you need to provide in support of your application;
- Reviewing your documents to assess whether they meet the evidential requirements of your application and to advise you if further documents are required;
- Drafting the application form to provide to you for review and, if required, amending the application in line with your observations;
- Preparing a detailed letter of representations to be submitted in support of your application;
- Submitting the application form online and arranging an appointment for the enrolment of your biometrics;
- Responding to any queries from the Home Office regarding your application
- Addressing any queries that you may have regarding your application and any issues arising relating to your immigration status;
- Corresponding with the UK Visas and Immigration (Home Office) to ensure a timely decision on your application.
4.What are the UK Spouse Visa Adequate Accommodation?
To succeed in an application for UK Spouse Visa, you must show evidence that you will have access to adequate accommodation in the UK without recourse to public to funds. The UK Visas and Immigration will not deem your proposed accommodation in the UK adequate
5.How our lawyers can help you with your UK Spouse Visa Application.
Our lawyers are specialists in UK immigration law with almost a decade of experience. We have assisted hundreds of UK Spouse Visa applicants to prepare and submit successful UK Spouse Visa applications.
UK Visas and Immigration do not provide specific UK Spouse Visa Processing Time for reaching decisions on Spouse Visa Applications. However, it has historically announced that it aims to reach a decision on spouse visa applications submitted via the standard service within 6 months of the date of submission of the application.
Although in some cases, decisions can be made within 2 – 3 months of the date of submission of a UK Spouse Visa
What happens if the Sponsor’s circumstances change?
If your Sponsoring BPS Migrant changes employment, educational institution and/or applies for leave under a different immigration category, you will not need to apply again. You, as a PBS dependent, will be able to live in the UK until the expiry of your existing PBS dependent leave. Upon expiry of your PBS leave, you can apply for further leave to bring yourself in line with your PBS Sponsor’s leave to remain in the UK.
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