A PBS dependant is a family member related to a person who is in the UK on a Points-based (PBS) visa. PBS dependants can apply for a visa on the qualifying relationship, and will be subject to specific conditions during their stay, including extension. This visa is also eligible to apply for indefinite leave to remain.



The ‘main applicant’ of PBS visa holder should be a Tier 1, 2, or 5, Skilled Worker or ICT visa or start-up, innovator or global talent visa holder. In addition, applicants for health and care workers are included.

 

PBS Dependant Requirement

PBS Dependant applicants must be able to prove their relationship to PBS main applicant or visa holder as the legal spouse, unmarried partner, a same-sex partner, or a child under the age of 18.

 

If you apply as a child, you must meet the following conditions:

• You must be under the age of 18 at the time of initial visa application as a PBS dependant. If you have been granted as PBS dependant, you can extend your leave even if you are over 18 when you make an extension application.

• Both parents must be lawfully in the UK or have applied visa at the same time.

• The evidence should be provided and proved if the primary visa holder is a sole surviving parent or a sole responsibility for the applicant’s upbringing.

• A child should not form an independent family.

• Parents should be responsible for upbringing.

• A child cannot apply for a dependant visa if they are financially independent and live far from home as a full-time employee. 

Maintenance funds as a PBS dependant

If the main visa applicant is on a Tier 1 Investor, Tier 1 Exceptional Talent or Global Talent, a PBS dependant do not need to show the financial maintenance fund to support their family members. However, other visa applicants must show that they have sufficient funds to support their families during their stay in the UK. The level of funds will vary depending on which visa the main applicant is applying for or holding.

Conditions of stay for PBS dependants

 

• PBS dependents are allowed to work in the UK with a few exceptions.

You may not work as a professional sports person, doctor or dentist, including coaching, unless you have a primary degree in the UK.

• PBS dependants can also undertake study while you are in the UK

They may need to apply for an ATAS (Academic Technology Approval Scheme Certificate) depending on the course. 

Duration of stay as PBS dependants

PBS dependant visa will be granted in line with the expiry date of the PBS migrants leave. The visa will be granted a period of three years initially and it can be extended to reach the qualifying period of 5 years to apply indefinite leave to remain.

 

The PBS dependents will be granted leave to stay for the same period of time as the main holder whose leave expires first. If the main visa holder have indefinite leave to remain or British citizenship, they will be granted 3 years of visa period.

What if the sponsor of the applicant has been changed?

If a main visa holder changes employers or educational institution while in the UK, a new certificate of sponsorship will be issued and a new application should be made. As a dependent, you do not need to reapply and can remain in the UK until the expiry date of the existing PBS dependant visa.

If a visa holder decides to leave the UK or their permission to stay in the UK is revoked, it will affect the dependents' visas and families which they will be required to leave the UK. You may need to switch to other categories by applying for a new visa to stay lawfully in the UK and take advice on your circumstances.

 

Immigration rules relating to PBS dependents are complex and often subject to change. It is always best to seek legal advice before submitting an application, as you are not allowed to stay with your spouse or partner in the UK indefinitely. Submitting an application with the smallest error or incorrect document may result in your application being refused.

UK PBS visa applications are complex and notoriously lengthy. Professional legal advice allows you to complete forms and submit documents to meet relevant eligibility criteria and meet procedural requirements.