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).

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.

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”.

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 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.

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.
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