BEFORE YOU LEAVE

PBS Dependent Visa

Applicants under this category of family visa UK are the partner or dependent child under 18 of a Points-Based System (PBS) migrant who wish to join them here.

Applicants must be the spouse or civil partner, unmarried or same-sex partner of a person who:

• Currently has valid leave to enter or remain as a Relevant PBS Migrant, or
• Have applied at the same time as a Relevant Points Based System Migrant, or
• Has Indefinite Leave To Remain as a Relevant Points Based System Migrant, or at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain and was last granted leave as the partner of that same Relevant Points Based System Migrant; or
• Has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant and where the applicant is applying for further leave as the partner of that same Relevant Points Based System Migrant;.

Visa Entitlements

Successful applicants will be granted a visa in line with the validity of the main applicant visa or 3 years (if the main applicant has a granted Indefinite Leave to Remain (ILR) or British Citizenship as a Relevant Points Based System Migrant)

They will have free access to public schools, and National Health Service.  Eligible dependants may also be able to work or study without any restrictions.

Once applicants have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, they can apply to settle here.

FAQ

• Can I apply for settlement?v

  • Applicants can apply for settlement if they have spent a continuous period of 2 years lawfully in the UK as a PBS Dependant visa if initial application was applied prior to 9^th July 2012 or 5 years if applied on or after 9^th July 2012.

• Rights of Dependantsv

  • Dependants (including children under 18 years of age) will be eligible to live and stay in the UK with the main applicant. They can live and work in the UK without any restrictions. They will be granted leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave.

    Applicants will not be considered to be a child family member of a PBS migrant who are:

    • Are married or in a civil partnership
    • Have formed an independent family unit; or
    • Are living an independent life; or
    • Aged 18 or over who have not previously been granted leave as the family member of the PBS migrant.
• Conditions of Stayv

  • Applicants will have the following conditions attached to their leave:  

    • No recourse to public funds;
    • Registration with the police, if applicable;
    • No Employment as a Doctor or Dentist in Training, unless:
      • They have obtained a primary degree in medicine or dentistry from a recognised UK;
      • They do not have any condition restricting such employment.
    • For family member of a Tier 4 (General) Student, if the main applicant’s grant of leave is for less than 12 months or course of study below degree level, then the applicant will not be allowed to work whilst in the UK.
• What is my immigration status while my application is pending?v

  • If applicants submit their application before their authorised stay ends, their existing immigration status will continue until their application is decided, even if the decision is not made until after the end of their permitted stay. Applicant can continue to work until their case is decided if the conditions of their existing leave allow them to do so.

• Biometric Requirementv

  • Foreign nationals from outside the European Economic Area making certain applications to the Home Office have to apply for a biometric residence permit. This applies to both postal applications and applications made in person (known as ‘premium applications’). The biometric residence permit is a residence permit which holds a migrant’s biographic details (name, date and place of birth) and biometric information (facial image and fingerprints), and shows their immigration status and entitlements while they remain in the UK. This also means that a UK visa will no longer be stamped in applicant’s passport and all applicants will be issued one of the new Biometric visa cards instead.  These cards look very similar to a (pink) UK driving license except they have a microchip on the back.

    Applicants who wish to extend their stay in the UK by post, the Home Office will send them a letter asking them to enrol their biometrics after the Home Office have received their application. Applicants will be able to enrol their biometric information one of the Post Offices offering this service across the UK using their walk-in service.

    Applicants who are submitting their application in person can do this at one of the Public Enquiry Offices by using the premium service. Applicants will enrol applicants’ biometric information at the same time as making their application.

    For application submitted overseas, the applicants have to provide their biometric enrolment at one of the Visa Facilitation Centres. Successful applicants will receive a 30 day ‘vignette sticker’ in their passport instead of a vignette with the full grant of leave. This 30 day visa will be the date they indicated as their intended travel date in their visa application. Applicants will be required to collect their BRP from the Post Office branch detailed in their decision letter within ten days of arrival in the UK. The Post Office branch is linked to the postcode that they submitted in their visa application. The BRP card can then be used as proof of right to work, study and access public services in the UK.

• Immigration Health Surchargev

  • The Immigration Health Surcharge (IHS) was introduced by the Home Office on 6^th April 2015. People (non-EEA) coming to the UK for more than six months have to pay this health surcharge as a part of their immigration application towards the National Health Service (healthcare in the UK).  
    
    Offshore applicants will have to pay the health surcharge if they are applying for a visa for a period of longer than six months, and onshore applicant will have to pay the health charge for any length of visa.

    Applicants will have to pay £150 per year as a student or £200 per year for all other visa and immigration applications. Dependants will usually need to pay the same amount as the main applicant. The exact amount they have to pay  depends on how much leave they are granted. They can calculate how much they will have to pay before you apply. If the period of grant applied for is less than 6 months, then half of the yearly amount to be paid and if the period of grant applied for is more than 6 months, then whole year amount is to be paid.

    Visa application will not be granted if applicants do not pay the healthcare surcharge or application will be delayed if the right amount is not paid.

    Following persons are exempted to pay the IHS:

    • Applicants applying for a Tier 2 (Intra-company Transfer) visa and their dependants;
    • Applicant under 18 who has been taken into care by a local authority;
    • Applicants who arenationals of Australia or New Zealand;
    • Dependant of a member of the UK’s armed forces;
    • Dependant of a member of another country’s forces who is exempt from immigration control; and
    • Applicants of a relevant civilian employee employed by North Atlantic Treaty Organisation (NATO) or the Australian Department of Defence in the UK and their dependants.
• Government Feesv

  • Home Office fees for PBS Dependant Visa Application
    	Postal	Same day	Overseas
    Main Appplicant	£475 - £1,878*	£1,275 - £2,678	£348 - £1,021
    Partner & Child (<18years), applying together	£475 - £1,878*	£1,275 - £2,678	£348 - £1,021
    Partner & Child, applying later	£475 - £1,878*	£1,275 - £2,678	£348 - £1,021
    *Depending under which category of PBS dependant they are applying.

• Processing Timesv

  • In line with the Home Office service standards for processing UK visa applications, they decide 90 per cent of non-settlement applications within 3 weeks, 98 per cent within 6 weeks and 100 per cent within 12 weeks of the application date.

    Applicants apply for the Same Day at one of Public Enquiry Office (PEO) in the UK; the application is normally decided on the same day.