For families and partners seeking to join or stay with a loved one in the UK, the Points-Based System (PBS) Dependant Visa provides a clear pathway. Designed specifically for dependants of individuals with a UK work or study visa, thec allows families to remain together while residing in the UK. Here, we explore the application process, eligibility criteria, benefits, and frequently asked questions regarding this essential visa.

What is a PBS Dependant Visa?

The PBS Dependant Visa is intended for family members of those holding visas under the UK’s Points-Based System, including Tier 1, Tier 2, Tier 4, and Tier 5 visas. This visa enables spouses, civil partners, children under 18, and in some cases, other family members, to accompany or join their family member in the UK.

To qualify as a dependant, the applicant must have a genuine relationship with the primary visa holder and meet other specific eligibility criteria, which may differ depending on the specific PBS category under which the primary visa holder has applied.

Eligibility for a PBS Dependant Visa

To apply for a PBS Dependant Visa, applicants must meet several essential criteria:

  1. Relationship to the Main Applicant: The dependant must have a verifiable and genuine relationship with the main visa holder. Generally, this means they must be a spouse, civil partner, unmarried partner, or child under 18 years of age.
  2. Dependants for Unmarried Partners: In cases where the relationship is not legally formalized, the couple must have been cohabiting in a relationship akin to marriage for at least two years. Evidence of joint financial and living arrangements is typically required to support the application.
  3. Age Requirement for Children: If the dependant is a child, they must be under 18 years of age at the time of application. Exceptions may apply in some cases, but the child should be financially dependent on the main visa holder, without their own independent family unit.
  4. Financial Requirements: One of the critical components of the PBS Dependant Visa is the financial maintenance requirement. This ensures that the main visa holder has sufficient funds to support their dependant(s) without accessing public funds. The amount of funds needed depends on the number of dependants and the specific PBS visa category.
  5. Good Character Requirement: Applicants over a certain age may need to demonstrate good character, including providing a police clearance certificate. This requirement ensures that individuals joining their family members in the UK do not have a history of serious criminal activity.
  6. Intent to Cohabit: For spouses, civil partners, and unmarried partners, the application requires a statement of intent to live together in the UK, reflecting the ongoing commitment to the relationship.

Application Process for the PBS Dependant Visa

Applying for a PBS Dependant Visa involves several key steps. Here is a summary of the process:

  1. Prepare the Required Documentation: Gather essential documents, including identification, proof of relationship, proof of financial stability, and any specific documents required for children or unmarried partners.
  2. Submit the Online Application: The PBS Dependant Visa application must be completed online. Ensure all details are accurate, as errors or inconsistencies could delay or hinder the application process.
  3. Pay the Application Fee: Fees vary based on the length of stay and category of the PBS visa holder’s permit. An Immigration Health Surcharge (IHS) is also required to cover access to the UK’s National Health Service (NHS).
  4. Biometric Appointment: As part of the application, dependants must attend a biometric appointment at an application centre to submit their fingerprints and a photograph.
  5. Attend Interviews if Required: In some cases, dependants may be required to attend interviews to verify their relationship with the main visa holder and confirm other aspects of their application.

Duration and Extension of a PBS Dependant Visa

The duration of a PBS Dependant Visa aligns with the validity of the main visa holder’s PBS visa. Therefore, if the main visa holder has a three-year work visa, the dependant will receive a visa of equal length. When the main visa holder extends their visa, the dependant can apply to extend theirs as well, ensuring they can remain in the UK as long as the primary visa holder does.

Dependants on this visa also have the option to switch into other visa categories from within the UK if eligible. Additionally, if the main visa holder is granted indefinite leave to remain (ILR), dependants may also be eligible to apply for ILR after meeting the required length of stay.

Benefits of the PBS Dependant Visa

  1. Right to Work and Study: One of the significant benefits of the PBS Dependant Visa is that it allows the holder to work in most types of jobs, providing economic independence and the ability to contribute to the family’s financial stability. Dependants can also enroll in educational courses, allowing them to study at UK institutions.
  2. Access to Healthcare: Dependants pay the Immigration Health Surcharge (IHS) as part of their application, which grants access to the National Health Service (NHS) for the duration of their stay. This benefit ensures that families have access to essential healthcare services while residing in the UK.
  3. Pathway to Permanent Residency: For long-term PBS visa holders who aim to settle in the UK, the dependant visa provides a pathway toward permanent residency. After fulfilling the residency requirements, dependants may apply for indefinite leave to remain (ILR), which offers long-term stability and access to additional benefits.
  4. No Restriction on Travel: PBS dependants can travel in and out of the UK without restrictions, provided they maintain their primary residence in the UK. This flexibility is especially useful for families who may need to visit their home countries or travel for personal reasons.
  5. Opportunity for Children to Study: Children who qualify as dependants under this visa category can access the UK education system, including primary and secondary schooling and even university programs, if they meet other requirements.

Key Considerations for the PBS Dependant Visa

While the PBS Dependant Visa offers many benefits, it also has specific requirements and limitations:

  • No Recourse to Public Funds: Like the primary visa holders, dependants cannot access public funds such as benefits or tax credits. Dependants must be financially supported by the main visa holder or independently if they are of working age.
  • Regular Renewal: If the main visa holder’s visa needs extension, dependants must also renew theirs. This ensures their status remains aligned with that of the primary applicant.
  • Residency Requirements for ILR: For dependants to apply for indefinite leave to remain, they must meet specific residency requirements. Time spent outside the UK could impact eligibility, so applicants must keep track of their residency days.

Frequently Asked Questions about the PBS Dependant Visa

Q: Can a PBS dependant switch to a different visa type in the UK? Yes, dependants can switch to other visa categories if they meet the criteria, without having to leave the UK.

Q: What if the dependant’s relationship with the primary visa holder changes? A change in relationship status, such as divorce, may affect the dependant’s visa status, potentially requiring a switch to another visa type to remain in the UK.

Q: Can children work on a PBS Dependant Visa? While there are no specific restrictions for older children, applicants under 16 typically need a child employment permit to work part-time.

Final Thoughts

The PBS Dependant Visa provides an excellent opportunity for family members to live, work, and study in the UK alongside their loved ones. With various benefits and a relatively straightforward application process, the PBS Dependant Visa is ideal for families seeking stability and opportunities in the UK. However, it is essential to meet all the eligibility requirements and stay up-to-date with application deadlines and financial conditions.

For families wishing to join a PBS visa holder, understanding the PBS Dependant Visa requirements and following the proper procedures is crucial to successfully navigating the UK immigration process kq solicitors

Sign In

Register

Reset Password

Please enter your username or email address, you will receive a link to create a new password via email.