Family members of PBS visa holders can apply as dependants under the UK Immigration rules. If you have a Civil Partner/Spouse/Unmarried Partner or a Parent who wishes to apply for a visa under the Points-Based-System (‘PBS’) or has already received their permission under this route, you could apply as the Dependent of the PBS Visa holder. You will have to provide proof of your relationship to the PBS Visa holder. It’s also important to note that if either you or the PBS Visa holder is not the child’s biological parent, there are very strict requirements to be met in terms of Sole Responsibility. PBS Visas normally refer to the Skilled Worker Visa, Student Visa, Global Talent Visa, Intra-Company Transfer, Graduate Visa, Health & Care Worker Visa and Sporting Visas.
How to qualify
To qualify for a visa as the Dependent of a PBS Visa holder, you have to submit evidence of your relationship with the PBS Visa holder. Children can only apply as dependents if they are under the age of 18. The Dependents also need to submit evidence of sufficient maintenance funds as stipulated in the Immigration Rules and Guidances.
Length of Stay
The length of stay of the visas for the family member of a PBS Visa holder is normally the same as for the main visa holder. The length of stay for the main PBS Visa applicant is normally in line with the period of their work sponsorship, in the case of Skilled Worker Visas. Or the period of studies, in the case of Student Visas.
Right to Work as a Family Member of PBS
You can work without restriction as the Dependent of a PBS Visa holder. However, you cannot work as a professional sportsperson or a doctor/dentist in training.
Immigration Health Surcharge
You will have to pay the Immigration Health Surcharge when you apply for your visa.
Indefinite Leave to Remain and Citizenship
After five years or residency, the Dependent of a PBS Visa holder can apply for Indefinite Leave to Remain. After another year of holding the Indefinite Leave to Remain status, the dependents can apply for British Citizenship. Amongst other requirements, you will not be permitted to leave the UK for 180 days per rolling 12 months in the 5-year period.
How Breytenbachs can help
If you want to apply for your visa or need any further information, please do not hesitate to contact us.