Personal Immigration

FAMILY MEMBERS OF PBS MIGRANTS

FAMILY MEMBER OF A PBS MIGRANT VISA

The Family Member of a PBS Migrant visa category is for partners and children of points-based system migrants to enter and remain the UK with their family member. To apply in this category, you must be related to a PBS migrant as either their husband, wife, civil partner, unmarried partner, same sex partner or child (under the age of 18 at first application).

What are the main eligibility requirements for a Family Member of a PBS Migrant visa?

In order to qualify for entry clearance or leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

  • You are over the age of 18;
  • You are the spouse, civil partner, unmarried partner or same sex partner of a person who has leave as a PBS migrant, is being granted leave at the same time as a PBS migrant or, if applying for an extension of stay, your partner has ILR as a PBS migrant or has obtained British citizenship after having ILR as PBS migrant;
  • If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years;
  • Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK;
  • You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
  • You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant or Tier 1 Exceptional Talent migrant);
  • If you are the family member of a Tier 4 General Student, the Tier 4 General student is studying, or will be studying, on a specified type of course.

To be granted entry clearance or leave to remain as the child of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

  • You are the child of a person who has leave as a PBS migrant, is being granted leave (including ILR) at the same time as a PBS migrant, or has indefinite leave to remain or British citizenship and who was last granted ILR under the rules relating to Tier 1, 2 or 5;
  • You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time;
  • You are not married or in a civil partnership, have not formed an independent family unit and are not leading an independent life;
  • You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
  • Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time, unless:
    • the PBS migrant is your sole surviving parent;
    • the PBS migrant has and has had sole responsibility for your upbringing;
    • there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for your care in the UK;
  • You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant or Tier 1 Exceptional Talent migrant);
  • If you are the dependant of a Tier 4 General Student, the Tier 4 General student is studying, or will be studying, on a specified type of course.

What else do I need to know about the Family Member of a PBS Migrant visa?

If your application for a Family Member of a PBS Migrant visa is successful, you will generally be granted leave in line with the expiry date of the PBS migrant’s leave. Where the PBS migrant has been granted indefinite leave to remain, you will be granted a period of three years leave.  An application for further leave can then be made, if required, to take you up to the applicable qualifying period for indefinite leave to remain.

If the main migrant changes employer or educational institution, PBS dependants can remain in the UK until the end of the validity period of their existing PBS dependant leave.

Partners of PBS migrants granted leave since 11 January 2018 will need to satisfy a 180 day residence requirement when applying for indefinite leave to remain.  The Home Office will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods.

PBS dependents can work in the UK unless they are applying for leave as a partner of a Tier 4 migrant, and the Tier 4 migrant has been granted less than 12 months leave or the Tier 4 migrant is following a course below degree level.

Children over the age of 18 who have not previously been granted leave as the family member of a PBS migrant cannot be granted leave in this category.  Similarly, other relatives, for example parents or grandparents, cannot apply in this category.

How our immigration barristers can help

Our immigration barristers regularly assist family members of points-based system migrants to relocate to, and settle in, the UK with their partners and parents.

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to EEA nationals and their family members as part of a professional and friendly service.

We can also assist with

  • Applications for extension of stay as a Family Member of a PBS Migrant

    Before your initial grant of leave as aFamily Member of a PBS Migrant expires, you will need to apply to UK Visas and Immigration to extend your stay.

    The requirements for further leave to remain in the UK as a family member of a PBS migrant are broadly the same as those that apply to initial applications in the family member of PBS migrants category. However, you will need to make sure that your application satisfies the relationship, intention and maintenance (if applicable) requirements again.

  • Applications for settlement as a Family Member of a PBS Migrant

    In order to be granted indefinite leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

    • You are the spouse, civil partner, unmarried or same sex partner of a person who is being, or has been, granted indefinite leave as a PBS migrant;
    • You have, or have last been granted, leave as the partner of the person who is being, or has been, granted indefinite leave as a PBS migrant;
    • You have been living with the PBS migrant in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership for at least:
      • 2 years – for applicants granted leave as the partner of a PBS migrant under the rules in place before 9 July 2012;
      • 5 years – for applicants granted leave as the partner of a PBS migrant under the rules in place on or after 9 July 2012;
    • You are in a subsisting relationship with the PBS migrant and intend to live together permanently with the PBS migrant as their spouse, civil partner, unmarried or same sex partner;
    • You have not spent more than 180 days outside the UK during any rolling 12 month period during periods of leave granted since 11 January 2018;
    • You meet the knowledge of language and life in the UK requirements.

    In order to be granted indefinite leave to remain as the child of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

    • You are the child of either a parent who:
      • is, at the same time, being granted ILR as a PBS migrant (for children granted leave as the child of a PBS migrant under the rules in place before 9 July 2012); or
      • has been granted, or is at the same time being granted, ILR as a PBS migrant when:
        • that parent is your sole surviving parent; or
        • that parent has and has had sole responsibility for your upbringing; or
          there are serious and compelling family or other considerations which would make it desirable not to refuse your application and suitable arrangements have been made for your care; or
        • has been granted, or is at the same time being granted, ILR as the partner of a person who has indefinite leave to remain as a PBS migrant; or
          has been granted, or is at the same time being granted, ILR as the partner of a person who has become a British citizen (when immediately before that they had ILR as a PBS migrant);
    • You have, or have last been granted, leave as the child of a PBS migrant or their partner, who is being granted indefinite leave or have been born to a PBS migrant who is being granted indefinite leave;
    • You meet the knowledge of language and life in the UK requirements, unless you are aged under the age of 18 on the date that you make your application.
  • Fresh applications, Administrative reviews and Judicial reviews for Family Members of PBS Migrants

    If your application for entry clearance, leave to remain or settlement as a family member of a points-based migrant has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.

    If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

    If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our Family Member of a PBS Migrant visa team on 0203 617 9173 or complete our enquiry form.

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