Family Member of PBS Migrant Visa

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Family Member of PBS Migrant Visa

The Family Member of a PBS Migrant Visa route is specifically designed for the spouses, partners, and dependent children of individuals who are in the United Kingdom under the Points-Based System (PBS). This visa enables eligible family members to join or remain with their loved ones in the UK.

To qualify for this category, the applicant must be directly related to the PBS migrant as one of the following:

  • Husband or wife

  • Civil partner

  • Unmarried partner or same-sex partner

  • Dependent child under 18 years of age (at the time of the initial application)

This visa pathway ensures that families of skilled workers, students, or other PBS visa holders can live together while complying with UK immigration requirements.

Link and Day Lawyers are specialists in UK immigration law, offering clear and confident guidance at every stage. With a focus on precision and care, we support your journey from start to finish.

Eligibility Criteria for Family Members of a PBS Migrant Visa

To qualify for entry clearance or leave to remain as the family member or partner of a Points-Based System (PBS) migrant, you must meet specific conditions set by UK Visas and Immigration (UKVI).

Partner of a PBS Migrant

To be considered as the spouse, civil partner, unmarried partner, or same-sex partner of a PBS migrant, you must demonstrate that:

  • Age Requirement: You are at least 18 years old at the time of application.

  • Relationship Status: You are legally married, in a civil partnership, or in a genuine and subsisting relationship with a PBS migrant who either:

    • Currently holds leave as a PBS migrant,

    • Is being granted leave as a PBS migrant at the same time as you, or

    • Has obtained Indefinite Leave to Remain (ILR) or British citizenship following their PBS migrant status.

  • Unmarried or Same-Sex Partners: If unmarried or in a same-sex relationship, you must prove that you have been living together in a relationship akin to marriage or civil partnership for at least two years.

  • Genuine Relationship: Your relationship must be genuine and ongoing, and you must intend to live together throughout the PBS migrant’s stay in the UK.

  • Duration of Stay: You must not intend to remain in the UK beyond the validity of the PBS migrant’s leave.

  • Financial Requirement: You must satisfy the required maintenance funds criteria (unless the PBS migrant is a Tier 1 Investor).

  • Previous Immigration Status: If applying for leave to remain, you should not have last been granted entry as a visitor, short-term student, or under temporary admission/release.

  • Criminal Record Requirement: If aged 18 or over and applying as the partner of a Tier 1 Investor or Tier 1 Entrepreneur, you must provide a criminal record certificate from each country where you have lived for 12 months or more within the past 10 years, while aged 18 or over.

Child of a PBS Migrant

To obtain entry clearance or leave to remain as the dependent child of a PBS migrant, you must meet the following requirements:

  • Parental Status: You must be the child of a person who either:

    • Holds valid leave as a PBS migrant,

    • Is being granted leave (including ILR) as a PBS migrant at the same time, or

    • Has ILR or British citizenship having previously been granted ILR under Tier 1, Tier 2, or Tier 5 rules.

  • Age Requirement: You must be under 18 years of age at the time of application, unless you were previously granted leave as the dependent child of a PBS migrant and are applying for an extension.

  • Dependency: You must not be married, in a civil partnership, or living an independent life or as part of a separate family unit.

  • Duration of Stay: You must not intend to remain in the UK beyond the PBS migrant’s period of leave.

  • Parental Presence: Both parents must either be lawfully present in the UK or applying for entry clearance/leave to remain at the same time, unless:

    • The PBS migrant is your sole surviving parent,

    • The PBS migrant has had sole responsibility for your upbringing, or

    • There are exceptional or compelling family circumstances making it appropriate to grant the application, with proper care arrangements in place in the UK.

  • Financial Requirement: You must meet the required maintenance funds criteria (unless the PBS migrant is a Tier 1 Investor).

Key Advantages of a Family Member of a PBS Migrant Visa

Link And Day Lawyers, as dedicated immigration service providers, assist clients in understanding the extensive advantages of securing a Family Member of a Points-Based System (PBS) Migrant Visa. Below are the primary benefits, described in detail:

  • Right to Accompany or Join the Main PBS Migrant
    Family members, including spouses, civil partners, and dependent children, can legally accompany or join the principal PBS visa holder in the UK. This ensures families remain united while the main visa holder pursues their professional or academic objectives.

  • Unrestricted Work Opportunities
    Dependents of PBS migrants enjoy the freedom to seek employment across a wide range of industries without the need for additional sponsorship. This work flexibility offers financial independence and career growth for family members.

  • Access to Quality Education
    Dependent children are entitled to access the UK’s world-renowned education system, including both public and private schools, without restrictions, allowing them to benefit from exceptional academic and extracurricular opportunities.

  • Route to Settlement and British Citizenship
    Family members can count the time spent in the UK toward Indefinite Leave to Remain (ILR) and, ultimately, British citizenship, provided they meet residency and other eligibility criteria. This offers a long-term path to security and stability.

  • Freedom to Travel in and Out of the UK
    Visa holders and their family members can travel freely to and from the UK during the visa’s validity period, making it convenient for personal or professional commitments abroad.

  • Access to Healthcare Services
    By paying the Immigration Health Surcharge (IHS), family members gain access to the UK’s National Health Service (NHS), ensuring comprehensive healthcare for the entire family.

  • No English Language Requirement for Dependents
    Unlike primary PBS applicants, dependent family members are not required to demonstrate English language proficiency when applying, simplifying the visa process.

Family Member of a PBS Migrant Visa – Processing Time

Link And Day Lawyers are dedicated immigration service providers, offering tailored guidance and professional assistance for individuals applying as family members of a PBS (Points-Based System) migrant. Understanding visa processing timelines is crucial for effective planning and avoiding unnecessary delays. Below is a detailed breakdown of the factors and estimated durations affecting the PBS Migrant Dependent Visa processing time:

  • Home Office Case Volume & Seasonal Variations:
    The UK Home Office experiences fluctuating workloads throughout the year. Peak application seasons or periods of increased demand may lead to extended processing times for family members of PBS migrants.

  • Accuracy & Completeness of the Application:
    Incomplete applications, missing documentation, or incorrect details can significantly delay the assessment process. Submitting a well-prepared and error-free application is essential for faster approval.

  • Verification of Supporting Documents:
    The time required for authorities to authenticate documents such as marriage certificates, financial evidence, and relationship proofs can vary, especially if additional verification is needed.

  • Biometric Appointment Scheduling:
    Applicants must attend a biometric enrolment appointment. Delays in securing this appointment or rescheduling it can affect the overall timeline of the visa process.

  • Standard vs. Priority Services:
    Standard PBS dependent visa applications often take longer compared to those submitted under the Priority or Super Priority services, which offer faster decision-making for an additional fee.

  • Security and Background Checks:
    Detailed background and security checks are conducted on all applicants. Complex cases or discrepancies in personal history may result in additional scrutiny, leading to longer wait times.

  • Typical Processing Duration:
    In most cases, a family member of a PBS migrant visa may take anywhere between 8 to 12 weeks from the date of biometric submission under standard service, though this may vary based on individual circumstances and Home Office discretion.

Family Member of a PBS Migrant Visa Fee

When applying as a family member of a Points-Based System (PBS) migrant, it is essential to understand the associated visa fees and their implications. Below are the detailed points regarding the visa fee structure:

  • Application Charges for Dependents – Each dependent family member, including spouses, civil partners, and children, must pay an individual application fee. This fee is separate from the main applicant's visa cost and varies based on the type and duration of the visa.

  • Fee Variations by Visa Category – The total cost is influenced by the specific PBS category under which the main applicant has applied (such as Tier 2 Skilled Worker or Tier 1 routes). Family members applying under long-term visas may incur higher fees compared to short-term visas.

  • Healthcare Surcharge – Alongside the application fee, dependents are typically required to pay the Immigration Health Surcharge (IHS). This allows them to access the UK’s National Health Service (NHS) during their stay. The surcharge is charged per year of the visa duration and must be paid in full at the time of application.

  • Biometric Enrolment and Documentation – There may be additional charges for biometric enrolment, priority processing, and document verification services, depending on the chosen application centre or country of residence.

  • Exchange Rate Fluctuations – As visa fees are payable in British Pounds (GBP), applicants outside the UK may experience slight variations in cost due to currency conversion rates at the time of payment.

  • Non-Refundable Nature of Fees – In most cases, visa fees and IHS payments are non-refundable if the application is refused. It is crucial to ensure all documentation is accurate and complete to avoid unnecessary financial loss.

Link And Day Lawyers are experienced immigration service specialists who can assist you in navigating the visa fee structure, ensuring compliance with UK Home Office regulations, and avoiding costly mistakes.

What Should You Know About the Family Member of a PBS Migrant Visa?

When an application for a Family Member of a Points-Based System (PBS) Migrant visa is approved, the dependant’s leave is typically aligned with the validity period of the main PBS migrant’s visa. In cases where the PBS migrant has already secured Indefinite Leave to Remain (ILR), the dependant is usually granted a visa valid for three years. Subsequently, an application for an extension can be submitted, if necessary, to meet the qualifying duration required for obtaining ILR.

If the principal PBS migrant switches employers or educational institutions, the dependant’s existing PBS visa remains valid until its expiry date, regardless of the main visa holder’s change in circumstances.

Partners of PBS migrants, whose leave was issued on or after 11 January 2018, must fulfill the 180-day residency rule when applying for Indefinite Leave to Remain. The Home Office assesses absences from the UK on a rolling 12-month basis, rather than through distinct yearly periods.

It is important to note that children over the age of 18 who have never previously held PBS dependant status cannot apply under this visa route. Likewise, extended family members such as parents, grandparents, or other relatives are not eligible to apply within this category.

How Link And Day Lawyers Can Support You

At Link And Day Lawyers, we specialize exclusively in immigration services, offering strategic legal guidance tailored to individuals and families navigating the complexities of UK immigration law.

Our experienced immigration barristers have a proven track record of assisting family members of Points-Based System migrants in successfully relocating to and settling within the United Kingdom alongside their partners and parents.

Whether you seek in-depth advice on the intricate requirements of the UK Immigration Rules, a comprehensive evaluation of your eligibility for a visa, or meticulous support in preparing and submitting your immigration application, our team is here to provide expert assistance.

We take pride in our client-focused approach remaining both accessible and proactive to ensure that every case is handled with precision and care. Our dedicated team delivers transparent, accurate, and dependable immigration advice to EEA nationals and their families, all within a professional yet personable service framework.

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