If you are the partner or dependent child under 18 of a migrant who is in or coming to the UK under Tier 2 Sportsperson 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 Sportsperson's visa.
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 Sportsperson, the child must be under the age of 18 on the date of entry clearance application.
Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into PBS Dependant of Tier 2 Sportsperson from inside the UK unless:
you were last granted leave to enter or remain as a visitor; or
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 Sportsperson 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.
We can provide same day visa service for the PBS Dependant visa application whereby the PBS Dependant visa application will be decided in one day.
If you are already in the UK on a visa as a PBS dependant of a Tier 2 Sportsperson, you can seek an extension of stay when the Tier 2 Sportsperson is either seeking an extension of stay or applying for Indefinite Leave to Remain (ILR). Certain PBS dependants of Tier 2 Sportsperson 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 Sportsperson is applying for ILR as a Tier 2 Sportsperson.
A person who was granted PBS dependant visa as a dependent of a Tier 2 Sportsperson under the rules in place before 9 July 2012 can apply for ILR as a PBS dependant of Tier 2 Sportsperson 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 Sportsperson. A person who was granted PBS dependant visa as a dependent of a Tier 2 Sportsperson under the rules in place from 9 July 2012 can apply for ILR as a PBS dependant of Tier 2 Sportsperson 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 Sportsperson.
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.
If the Tier 2 Sportsperson is outside the United Kingdom or has been present in the United Kingdom for less than 12 months, each family member of the Tier 2 Sportsperson must show that he/she, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1800 to support him/her; this is in addition to any funds the Tier 2 Sportsperson needs to prove he/she has enough money to support himself/herself.
If the Tier 2 Sportsperson has been in the United Kingdom for 12 months or more, each family member of the Tier 2 Sportsperson must have £600 to support himself/herself.
If you would like to apply for a Tier 2 visa as a sportsperson or if you are a sport's organisation, and require specific legal advice on applying under this category, you can either e-mail us on firstname.lastname@example.org or you can complete our visa assessment form by clicking here. You can also contact our dedicated Client Support Team on 0207 237 3388 to get information on how ICS Legal can support you in this visa category.
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