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Family members of PBS applicants and Appendix W workers

Family members of a Point-Based System (PBS) applicants under Tier 1, Skilled Worker, Intra-Company Student, T2 or T5 visa routes may qualify for leave to enter or remain in the UK, indefinite leave to remain and subsequently for a British passport, subject to meeting Immigration Requirements under the relevant paragraph of the Immigration Rules. Family members include spouses, civil partners, unmarried partners, same-sex partners and dependent children.

This category also includes migrants who are applying for further leave to remain in the PBS Dependant category after their Tier 1, 2, 4 or 5 migrant sponsor has gone on to acquire indefinite leave to remain (“ILR”).

From 6 April 2017, you must provide a criminal record certificate when you are 18 years of age or older and seeking entry clearance as a PBS Dependent under the following categories, whether applying together with the main applicant or to join them subsequently:

If you are applying as a partner of a relevant PBS migrant, your leave will be granted with the same expiry date applicable to that PBS migrant’s visa, except where the PBS migrant has been granted indefinite leave to remain. In this case you will be granted three years’ leave.

Similarly, if you are a dependent child of a relevant PBS migrant, you will be granted leave for a period which expires on the same day as the leave granted to the parent whose leave expires first. Where both parents have, or are at the same time being granted, indefinite leave to remain, or have since become British citizens, leave to remain will be grated for a period of three years.

Under the PBS Dependent visa category, you must meet the Maintenance requirement, unless the Immigration Rules state otherwise.

Our regulated advisers have had many years of experience assisting PBS Dependents with their leave to enter, leave to remain and indefinite leave to remain applications and subsequent applications for British nationality and British passports.

We will provide you with tailored advice to your specific case scenario to ensure that your application meets the Immigration Requirements. Please do not hesitate to contact us should you require any assistance with your application.

*Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.

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Chan Neill Solicitors is a trading name of Chan Neill Solicitors LLP, a limited liability partnership registered in England and Wales, under number OC430320. Chan Neill Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority. SRA number: 668071. We use the word partner to refer to a member of Chan Neill Solicitors LLP, or an employee or consultant who is a lawyer with equivalent standing and qualification. A list of members names together with a list of non members who are designated as partners is available for inspection at our registered office at 107 Charterhouse Street, London, EC1M 6HW