PBS Dependant Visas - FAQs
The UKBA will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave, except where the PBS migrant has been granted indefinite leave to remain. In these cases, the UKBA will grant you a period of three years leave. An application for further leave may then be made if required to take you up to the applicable qualifying period for indefinite leave to remain.
Under the Immigration Rules, the following dependants are allowed to come to the UK to join a person granted leave as a Tier 4 (General) student or switch as PBS dependant of Tier 4 student from inside the UK, provided they meet the requirements of the rules:
- civil partner
- unmarried or same-sex partner, and
- dependent children.
Tier 4 (General) students who are studying in the UK for six months or longer can bring dependants to the UK or sponsor for in-country switching provided they:
- are a government sponsored student who has or is applying for leave for a course of study that is longer than six months
- are studying a course that is 12 months or more at a recognised body or a UK higher education institute (HEI) which is at post-graduate level
- are applying for or have been granted leave to remain as a Tier 4 (General) student on the doctorate extension scheme, or
- have or have last had leave as a Tier 4 (General) migrant or as a student for a course of study that is more than six months long, and:
- have had this leave within the three months immediately preceding the date of the application
- be applying for a course of study of more than six months, and
- be applying for leave at the same time as the family member.
Tier 4 (General) students who are studying in the UK for six months or less cannot bring dependants to the UK.
You will have the following conditions attached to any leave as a PBS Dependant:
- No recourse to public funds,
- Registration with the police, if this is required by paragraph 326 of the Immigration Rules,
- No Employment as a Doctor or Dentist in Training, unless you:
- have obtained a primary degree in medicine or dentistry from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or
- are applying for leave to remain and have, or have last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting your employment, whether that is employment as a Doctor or Dentist in Training or otherwise, and have been employed during that leave as a Doctor or Dentist in Training.
If you are the family member of a Tier 4 (General) Student, if the main applicant’s grant of leave is for less than 12 months you will not be allowed to work whilst in the UK, unless the main applicant is a Government Sponsored Student.
If you are the family member of a Tier 4 (General) student, if the main applicant’s grant of leave is for a course of study below degree level, you will not be allowed to work whilst in the UK.
In order to be granted entry clearance as a spouse, civil partner, unmarried or same sex partner, you and the main applicant must be aged 18 or over on the date you are due to arrive in the United Kingdom.
Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into PBS Dependant of Tier 1, Tier 2 or Tier 5 Migrant from inside the UK unless:
- you were last granted leave to enter or remain as a visitor; or
- you are on temporary admission or temporary release.
From the above, it is clear that anyone who is not in the UK on a visitor visa or an overstayer in the UK can switch into PBS Dependant of Tier 1, Tier 2 or Tier 5 Migrant from inside the UK.
In order to apply for leave to remain as the child of a PBS migrant, the child must be under the age of 18 on the date of application. Where the child is aged 18 or over he/she must have, or have last been granted, leave as the family member of a PBS migrant or someone applying at the same time for leave as a PBS migrant.