Family Applications

Family member of a PBS Migrant

The Family Member of a Points Based System (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).

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Requirements

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 or Tier 1 Exceptional Talent migrant);
  • If you are the family member of a Tier 4 General Student, the Tier 4 General student is studying, or will be studying, on a specified type of course.

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 or Tier 1 Exceptional Talent migrant);
  • If you are the dependant of a Tier 4 General Student, the Tier 4 General student is studying, or will be studying, on a specified type of course.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to one of our immigration lawyers for expert advice.

What else do you need to know

What else do I need to know about the Family Member of a PBS Migrant visa?

If your application for a Family Member of a PBS Migrant visa is successful, you will generally be granted leave in line with the expiry date of the PBS migrant’s leave. Where the PBS migrant has been granted indefinite leave to remain, you will be granted a period of three years leave.  An application for further leave can then be made, if required, to take you up to the applicable qualifying period for indefinite leave to remain.

If the main migrant changes employer or educational institution, PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave.

Partners of PBS migrants granted leave since 11 January 2018 will need to satisfy continuous residence requirements and absences from the UK will be taken into account. Absences of more than 180 days in any 12 month period can break the continuity of leave when applying for indefinite leave to remain.  The Home Office will consider absences from the UK on a rolling basis 12 month basis, rather than in separate consecutive 12-month periods.

PBS dependents can work in the UK unless they are applying for 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.

Children over the age of 18 who have not previously been granted leave as the family member of a PBS migrant cannot be granted leave in this category.  Similarly, other relatives, for example

FAMILY MEMBER OF POINTS BASED SYSTEM (PBS) MIGRANT VISA

The Family Member of a Points Based System (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).

Applying for a Family Member of a PBS Migrant visa? How can we help?

Photo of Sarah Rogers, founder of Immigration Advice Centre

Sarah Rogers

Founder of IAC

Our Immigration Lawyers regularly assist family members of points-based system migrants to relocate to, and settle in, the UK with their partners and parents.

We can help you with as much or as little advice and assistance as you need with full tailored packages or individual services giving you flexibility to choose all the assistance you need, when you need it. You’ll also have the benefit of access to our innovative client portal, giving you everything you need at your fingertips.

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