PBS Dependant Leave to Remain

The PBS (Points Based System) dependant leave to remain is one of the UK’s Family visas, and it permits the family members (children or partner) of someone living in the UK to live, work and study in the UK.

This PBS migrant visa is valid as long as the primary visa holder’s permit is valid.

The primary visa holder must be holding any of the following visas:

• Health and Care Worker Visa
• High Potential Individual Visa
• Skilled Worker Visa
• Senior or Specialist Worker Visa
• International Sportsperson Visa
• Graduate Visa
• Minister of Religion Visa
• Graduate Trainee Visa
• Service Supplier Visa
• Innovator Visa
• Global Talent Visa
• UK Expansion Worker Visa
• Start-up visa
• Entrepreneur Visa (Tier 1)
• UK Ancestry Visa
• Investor Visa
• Temporary Work Visas
• Turkish Worker Visa
• British National (Overseas) Visa
• Turkish Businessperson Visa

With the PBS dependant leave to remain, you are granted entry clearance and you can leave and enter the UK freely. The PBS dependant visa holders are permitted to:

• Work part-time or full-time,
• Study at any college or university in the UK,
• Extend your visa,
• Apply for indefinite leave to remain (ILR) and subsequently, British citizenship after living in the UK continuously for 5 years.

However, as a PBS dependant visa holder you are not permitted to:

• Access public funds
• Apply for State Pension
• Work as a Sportsperson
• Work as a doctor or dentist.

Page Contents

• Overview of the PBS Dependant Visa
• Who is Qualified to Apply?
• Required Documents for Points Based System (PBS) Dependant Visa Application
• Financial Requirements
• How to Apply for PBS Dependant Visa
• PBS Dependant Visa Extension
• Applying for ILR Through the PBS Dependant Visa Route
• What Do You Do if Your PBS Dependant Visa Application is Refused?
• Using the Document Checking Service for Your Dependants’ Application
• Frequently Asked Questions

To be eligible for a PBS Dependant Visa, you must be in civil partnership with or the child of someone holding a valid visa under the points-based system.

Do note that for Home Office to approve your leave to remain application as a civil partner, you have to be:

• In a marriage or same sex civil union recognized in the UK,
• 18 years and above,
• Been in a civil partnership with your partner for 2 or more years.

For a child family member, you have to be:

• Under 18 years of age and not living an independent life,
• Above 18 but your parents still have sole responsibility over you,
• Unmarried or in any civil union,
• Living with your parent (or studying elsewhere in the UK)
• Without children.

Note that if a child applicant’s sole surviving parent is in the UK legally, they can apply for a PBS dependant visa.

For PBS dependant visa application, you have to get the following documents ready:

• A valid passport
• Marriage certificate
• Birth certificate if you are a child
• Personal bank statements
• Tuberculosis test result if you are from an endemic area
• Criminal record certificate
• Evidence of civil partnership or same sex relationship if you are an unmarried partner (like joint accounts, jointly owned properties and utility bills)
• Admission letter from school if you are a child, and in the UK
• Proof of health insurance surcharge payment.

As a dependant partner, when applying for the PBS dependant visa, you must prove to the Home Office that you have sufficient maintenance funds to care for yourself and your dependant child, if any.

However, the amount of funds to show depends on which of the UK visas your partner or parents hold.

It is, therefore, vital to check with the Home Office on the financial requirements peculiar to your case.

For example, if you are applying for the PBS dependant visa tier 4 (skilled worker visa), you’ll need to prove you have the following:

• £845 per month for up to 9 months if your civil partner or parent is studying in London
• £680 per month for up to 9 months if your partner or parent studies outside London.

Alternatively, a British citizen can undertake to care for you to the tune of £680 or £845 per month depending on where you intend to live.

If you’re applying for the points based system (PBS) dependant visa tier 2, you’ll need to prove you either have:

• £285 for a civil partner
• £315 for a child
• £200 for every additional child

The family members applying for the PBS dependant visa have to apply separately and pay the visa fees before travelling to the United Kingdom.

They’ll need the main visa holder’s application number to complete this application. This is known as a Global Web Form (GWF) or Unique Application Number (UAN).

Applying for PBS Migrants Visa From Outside the UK

To apply for he PBS migrant visa outside the UK, you’ll need to prove your identity by either:

• Visiting a visa application centre nearest to you to have your photographs and fingerprints collected. This is used to get a biometric residence permit.
• Use UK Immigration: ID Check. An application used to scan identification documents. To use this app, you’ll need to have an account with UKVI.

After your identity is confirmed, you can follow the next step as directed by the Home Office.

It takes approximately 3 weeks to get a reply.

It is possible to pay more money to fast-track the time it takes to get a decision.

Applying for PBS Migrant Visa From Within the UK

To apply for the points based system visa within the UK, you’ll need to either:

• Visit a UK Visa and Citizenship Application Services (UKVCAS) service point to have your photograph and fingerprints collected
• Use UK Immigration: ID Check. An application used to scan identification documents. To use this app, you’ll need to have an account with UKVI.

It takes the Home Office 8 weeks to send a decision.

To apply for an extension of PBS dependant visas, you’ll have to apply before your visa expires or when the main visa holder is also applying for an extension.

The conditions to meet when applying for a points based system visa extension is still the one you met when applying initially.

You must still be in the UK when you apply for an extension.

The application must be done online.

PBS dependants can be granted Indefinite Leave to Remain (ILR) after spending some years in the UK continuously.

How long you need to spend in the UK before being granted ILR depends on the primary visa holder’s permit type.

For you to be granted indefinite leave to remain as a main PBS visa holder, you’d have:

• Spent some years in the UK,
• Not breached any immigration or criminal law during those years,
• Not spent more than 180 days outside the UK in one year during your time in the UK,
• Passed the Life in the UK test,
• Proved you met the English language requirement of B1.

For you to be granted Indefinite leave to remain, you’ll have to pay £2,389 as an application fee.

There are many reasons why the Home Office can reject a PBS dependant visa.

These reasons may be because you showed insufficient funds, your application was incomplete, and you did not provide more information after 7 days of notice; the Home Office cannot determine if your relationship is genuine or that the child fails to meet the dependant requirement.

If you get a rejection, depending on the reason, you can apply for a judicial or administrative review, apply for another kind of UK visa that most suits you or submit a new application.

The document checking service is available for you if you need help from us in accessing your application.

If you have doubts about your documents, contact us to help.

At IAS, we can check if your application is strong enough to receive approval.

We can also assist you in making appeals if your application is rejected.

As one of the foremost Immigration experts in the UK, we also have a performance history of guiding applicants to make a strong Indefinite Leave to Remain application.

We can also help you:

• Assess your eligibility for the PBS dependant visa application;
• Check the documents available to be sure they meet Home Office’s criteria;
• Work with the Home Office during your application process;
• Complete a strong and error-free PBS visa application;
• Appeal your visa rejection;
• Represent you in case of a PBS visa rejection tribunal hearing.

For more information about our services and what we could do for you, reach out to one of our immigration advisers on 0333 305 9375 or contact us online today.