Your dependants can apply to enter/leave to remain in the United Kingdom. A dependant is your husband, wife or civil partner; or your unmarried or same-sex partner; or your child aged under 18 years old. Your dependants can be over 18 years old if they are in the United Kingdom now as dependants.
Your dependants can apply for permission on their own if they want. They will need to meet the requirements of the immigration category that they want to apply under. Defendants include the following:
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your husband, wife or civil partner; or
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your unmarried or same-sex partner; or
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your child aged under 18 years old.
Your dependent children can be over 18 years old if they are in the UK now as dependants. If you are the partner or dependent child under 18 of a migrant who is in or coming to the UK under Tier 2 General category, you can apply for a visa to join them in the UK. The Home Office, UKBA will grant leave in line with the expiry date of the Tier 2 General Migrant's visa.
Entry Clearance As PBS Dependent Of Tier 2 General Migrant
In order to be granted entry clearance as a spouse, civil partner, unmarried or same-sex partner, the family member and the main applicant must be aged 18 or over on the date, he/she is due to arrive in the United Kingdom.
In order to be granted entry clearance as a child of Tier 2 General Migrant, the child must be under the age of 18 on the date of entry clearance application.
Switching Into PBS Dependant Visa As A Dependent Of Tier 2 General Migrant
Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into PBS Dependant of Tier 2 General Migrant from inside the UK unless:
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you were last granted leave to enter or remain as a visitor; or
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you are on temporary admission or temporary release.
From the above, it is clear that anyone who is not in the UK on a visitor visa or an overstayer with Temporary Admission in the UK can switch into PBS Dependant of Tier 2 General Migrant from inside the UK. In order to apply for leave to remain as the child of a PBS migrant, the child must be under the age of 18 on the date of application. Where the child is aged 18 or over he/she must have, or have last been granted, leave as the family member of a PBS migrant or someone applying at the same time for leave as a PBS migrant. ICS Legal can provide same day visa service for the PBS Dependant visa application whereby the PBS Dependant visa application will be decided in one day.
Extension Of Stay As PBS Dependant Of Tier 2 General Migrant
If you are already in the UK on a visa as a PBS dependant of a Tier 2 General Migrant, you can seek an extension of stay when the Tier 2 General Migrant is either seeking an extension of stay or applying for Indefinite Leave to Remain (ILR). Certain PBS dependants of Tier 2 General Migrants cannot apply for ILR at the same time as the main applicant due to not meeting the residency requirements and therefore they have to apply for an extension of stay when the Tier 2 General Migrant is applying for ILR as a Tier 2 General Migrant.
ILR As PBS Dependant Of Tier 2 General Migrant
A person who was granted PBS dependant visa as a dependant of a Tier 2 General Migrant under the rules in place before 9 July 2012 can apply for ILR as a PBS dependant of Tier 2 General Migrant if he has lived in the UK for two years on PBS dependant visa and the main applicant is either applying for ILR at the same time or has already been granted ILR as a Tier 2 General Migrant.
A person who was granted PBS dependant visa as a dependant of a Tier 2 General Migrant under the rules in place from 9 July 2012 can apply for ILR as a PBS dependant of Tier 2 General Migrant if he has lived in the UK for five years on PBS dependant visa and the main applicant is either applying for ILR at the same time or has already been granted ILR as a Tier 2 General Migrant.
Funds For Maintenance
One of the requirements for family members of Points Based System Migrants is that he/she must be able to support themselves without recourse to public funds. This requirement is satisfied by showing funds for maintenance for last 90 days before the date of the application.
You must have £630 to support yourself. This requirement can be met by:
- having savings of £630 which must have been held for at least three months prior to the date of application; or
- the Tier 2 A-rated sponsor providing a written undertaking that, should it become necessary, it will maintain and accommodate the family member for a month.
For example, the Tier 2 Migrant is making an application at the same time as their spouse and two children. They must show that they have £630 for their spouse and a further £630 for each child, in addition to £945 required for their own support. In total the family will require evidence that they hold £2835 in available funds (£630 x 3 = £1890 + £945).
If you apply at the same time as the main applicant, you are only required to provide evidence that you meet the maintenance requirement when the Tier 2 Migrant is also required to meet the maintenance requirement.
If you apply separately from the main applicant you will need to have the necessary funds to meet the maintenance requirement or have a written undertaking from an A-rated Sponsor, unless the main applicant already had left in a Tier 2 category and when applying for their most recent period of Tier 2 leave was not required to show evidence of satisfying maintenance requirements.
Same Day Visa Service For PBS Dependent Of Tier 2 General Migrant
We are registered with the Home Office Public Enquiry Office (PEO), Lunar House, Croydon to provide same day visa service for PBS Dependent applications. Our immigration lawyers can prepare and submit your PBS Dependant visa application to the Home Office, PEO and get quick decision on the application. As PBS Dependent application is a biometric category, you will have to attend the Home Office, Lunar House, Croydon with our legal representative on the day we will submit your application. Our legal representative will accompany you to the Home Office, PEO, Croydon and will assist you with the whole process of the application submission, biometrics enrollment and all the follow-up work until a decision on the application is made by the Home Office.
Refusal Of PBS Dependant Visa Application
If your application for PBS Dependant is refused, you can challenge the refusal of your application by way of an administrative review.
Condition of your stay in the UK as the Tier 2 dependant
If their application is successful, your dependent will be given permission to come or stay in the United Kingdom, as long as:
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they have no access to public funds, which means they will be unable to claim most benefits paid by the state;
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they must register with the police if paragraph 326 of the Immigration rules require them to do so;
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as the spouse, civil partner, unmarried, or same-sex partner of a migrant given permission to stay under parts 3, 5 or 6 of the immigration rules; or
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as the partner of a points-based system worker (provided that permission was not subject to a condition preventing them working as a doctor in training).
The Home Office allows your dependants to work in the United Kingdom, without applying for permission.
