Dependents of Points-Based Migrants must meet strict requirements in order to join family in the UK.
Awards and Accreditations
The Family Member of a Points-Based Migrant (PBS) Migrant visa category is for partners and children of points-based system migrants to enter and remain the UK with their family member.
What are the main eligibility 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 or unmarried 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 a PBS migrant;
- If you are the unmarried 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; and
- Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK.
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 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; and
- Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time. Different rules apply if you are.
You must satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant or Tier 1 Exceptional Talent migrant). This maintenance requirement will vary according to the main PBS Migrant’s visa category.
If you are the dependent of a Tier 4 Student, the maintenance level will vary according to whether they are based inside or outside London. Additionally, 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.
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 PBS 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 a 180-day residence requirement when applying for indefinite leave to remain. The Home Office will consider absences from the UK on a rolling 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 parents or grandparents, cannot apply in this category.
How our UK Immigration Lawyers can help
Sterling Immigration understand the complexity of the PBS system as well as the various requirements that you will need to meet in order to ensure that you can join or accompany your spouse or partner to the United Kingdom without disruption.
Our legal team regularly assist family members of points-based system migrants to relocate to, and settle in, the UK with their partners and parents. We also assist with applications for extension of stay and Indefinite Leave to Remain as a family member of a PBS Migrant.
If your application for entry clearance, leave to remain or settlement as a family member of a points-based migrant has been refused, our immigration lawyers can advise on the merits of making a fresh application or challenging the decision.
For further information, please schedule a consultation.