Guidance for Dependants of Tier 1 Migrants
In this post, we look at the entry clearance and leave to remain requirements for family members of Tier 1 (Entrepreneur) or Tier 1 (Investor) migrants under the Points Based System.
Who is eligible to be a dependent of a Tier 1 migrant?
The following family members may join or accompany a Tier 1 migrant:
- Spouse or civil partner;
- Unmarried or same sex partner; and
- Children under 18 years old at time of application.
Requirements for partners
For entry clearance and leave to remain applications, you will need to meet the following requirements:
- You must be aged 18 or over;
- You must be the spouse, civil partner, unmarried partner or same-sex partner of a person who has valid leave to enter or remain as a relevant PBS migrant, or is being granted entry clearance or leave to remain at the same time as a relevant PBS migrant, or who has indefinite leave to remain (‘ILR’) as a relevant PBS migrant, or is at the same time being granted ILR as a relevant PBS migrant, or has become a British citizen after having ILR as a Tier 1 (Investor) or Tier 1 (Entrepreneur) migrant, if you are applying for an extension;
- Your relationship must be genuine and subsisting;
- You must intend to live with your partner throughout their stay in the UK;
- You must not intend to stay in the UK beyond any period of leave granted to the PBS migrant; and
- You must provide a criminal record certificate for all the countries that you have lived in for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over.
If you are the unmarried or same-sex partner of a PBS migrant:
- The parties must have been living together in a relationship similar to marriage or civil partnership for at least 2 years; and
- The parties must not be so closely related that they would be prohibited from marrying each other in the UK;
- Any previous marriages or civil partnerships or similar relationships with another person must have permanently broken down;
Requirements for children
To apply for entry clearance or leave to remain as a dependant child , the requirements are that:
- You are the child of a parent who has leave or is at the same time being granted leave as a relevant PBS migrant; or who has leave or is at the same time being granted leave as the partner of a PBS migrant; or who has ILR; or who has obtained British citizenship and was last granted ILR under the rules relating to Tier 1 (Entrepreneur) or Tier 1 (Investor);
- You must be under the age of 18 if you are applying for entry clearance. If you are over the age of 18 and applying for leave to remain, your last grant of leave must be as the child of a relevant PBS migrant. You may also be eligible if your parent had leave granted under another category and has since been granted or is at the same time being granted, leave to remain as a relevant PBS migrant;
- Both parents need to be lawfully present in the UK or being granted entry clearance at the same time, although there are exceptions where one parent is deceased, one parent has sole responsibility for the child or there are serious or compelling family or other considerations;
- You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant.
Further, to be considered a dependant child, you must:
- Not be married or in a civil partnership;
- Not have formed an independent family unit; and
- Not be leading an independent life.
If you are 16 or over at the date of application, further documents will be required to confirm the residential address.
If you are 18 or over, they will not meet the requirements as a PBS dependant child. Our immigration barristers are happy to advise you on the alternative visa routes available.
Maintenance requirement
Unless the main applicant has leave or is being granted leave as a Tier 1 (Investor) migrant, you will need to meet the maintenance funds requirements of £1,890 in funds for each applicant if the main applicant is either outside the UK or has been in the UK for less than 12 months.
Conditions of stay
If your visa application for entry clearance or leave to remain is successful, leave will be granted in line with the expiry date of the migrant’s leave or a period of 3 years if the PBS migrant has indefinite leave to remain or has become a British citizen.
Dependants are allowed to work except as a professional sportsperson, including as a sports coach. You are not allowed to access public funds and you may be allowed to study subject to conditions.
Please take note
To be eligible for an extension of stay, your last granted leave must not be as a visitor, short-term student or short-term (child). To apply to switch into this category, you must not be on temporary admission, temporary release or immigration bail where you would previously have been granted temporary admission or temporary release.
Contact our Immigration Barristers
For advice and assistance regarding an application for a PBS dependant visa, contact our immigration barristers in London on 0203 617 9173 or via our enquiry form below.
