A dependant is:

  • your husband, wife or civil partner; or
  • your unmarried or same-sex partner; or
  • your child aged under 18 years old.

Your dependant children can be over 18 years old if they are in the UK now as dependants.

If you are the partner or dependent child under 18 of a migrant who is in the UK under Tier 1 General category, you can apply for a visa to join them in the UK. The Home Office, UKVI will grant leave in line with the expiry date of the Tier 1 General Migrant leave to remain in the UK.

Entry Clearance As PBS Dependents Of Tier 1 General Migrant

In order to be granted entry clearance as a spouse, civil partner, unmarried or same sex partner, the family member and the main applicant must be aged 18 or over on the date he/she is due to arrive in the United Kingdom.

In order to be granted entry clearance as a child of Tier 1 General Migrant, the child must be under the age of 18 on the date of entry clearance application.

Switching Into Dependent Of Tier 1 General Migrant

Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into PBS Dependant of Tier 1 General 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 General 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.

We can provide same day visa service for the PBS Dependant visa application whereby the PBS Dependant visa application will be decided in one day.

ILR As PBS Dependant Of Tier 1 General Migrant

A PBS dependnat of Tier 1 General migrant who made his initial application for entry clearance or switching before 9 July 2012 can apply for ILR after 2 years of residence in the UK provided that the Tier 1 General migrant is either applying for ILR at the same time or has already been granted ILR.

A PBS dependnat of Tier 1 General migrant who made his initial application for entry clearance or switching after 9 July 2012 can apply for ILR after 5 years of residence in the UK provided that the Tier 1 General migrant is either applying for ILR at the same time or has already been granted ILR.

Funds For Maintenance

One of the requirements for entry clearance, switching or extension applications as PBS dependant visa as family members of Points Based System Migrants is that he/she must be able to support themselves without recourse to public funds. This requirement is satisfied by showing funds for maintenance for last 90 days before the date of the application.

If the Tier 1 General Migrant has been present in the United Kingdom for less than 12 months, each family member of the Tier 1 General Migrant must show that he/she, or (for children) his/her other parent who is also legally present in the United Kingdom has at least £1890 to support him/her; this is in addition to any funds the Tier 1 General Migrant needs to prove he/she has enough money to support himself/herself.

If the Tier 1 General Migrant has been in the United Kingdom for 12 months or more, each family member of the Tier 1 General Migrant must have £630 to support himself/herself.

Same Day Visa Service For PBS Dependent Of Tier 1 General Migrant

We are registered with the Home Office Public Enquiry Office (PEO), Lunar House, Croydon to provide same day visa service for PBS Dependent applications. Our immigration lawyers can prepare and submit your PBS Dependant visa application to the Home Office, PEO and get quick decision on the application. As PBS Dependent application is a biometric category, you will have to attend the Home Office, Lunar House, Croydon with our legal representative on the day we will submit your application. Our legal representative will accompnay you to the Home Office, PEO, Croydon and will assist you with the whole process of the application submission, biometrics enrollment and all the follow up work until a decision on the application is made by the Home Office.

Why Sunrise Solicitors For PBS Dependent Application As Dependent Of Tier 1 General Migrant?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for UK Visas as PBS dependents of Tier 1 General Migrant . The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for PBS dependent visa as dependent of Tier 1 General Migrant and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For Application As PBS Dependent Of Tier 1 General Migrant

  • We will charge you a fee from £600.00 + VAT for our professional immigration services in relation to your in-country application as PBS Dependent of Tier 1 General Migrant - Same Day Visa Service. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge you a fee from £800.00 (No VAT) for your Entry Clearance application (out of country application) as PBS dependent of Tier 1 General Migrant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge you a fee from £1,000.00 (No VAT) for your Entry Clearance application (out of country application) as PBS dependent of Tier 1 General Migrant in cases involving issues of sole responsibility. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.
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  • Tier 1 General - FAQs
  • 1. From what date an application for extension of stay as Tier 1 General Migrant cannot be made anymore?

    Applications for Tier 1 General extension cannot be made after 5 April 2015 and any extension of stay under this category can only be made before 6 April 2015.

  • 2. From what date an application for ILR as Tier 1 General cannot be made anymore?

    All applications for ILR as Tier 1 General Migrant must be made before 6 April 2018. Those who are unable to apply for ILR before 6 April 2018 for certain reasons can switch into other visa categories from inside the UK and get ILR in the UK on different grounds. It is possible to seek extension of Tier 1 General visa before 6 April 2015 even if you have valid visa for long period.

  • 3. Who is eligible to apply for Tier 1 General?

    You can apply to extend your stay in the UK under Tier 1 (General) if you are already in the UK with permission to stay (known as 'leave to remain') in one of the following immigration categories;

    • highly skilled migrant
    • writer, composer or artist
    • self-employed lawyer
    • Tier 1 (General)
    • Highly Skilled Migrant Programme (HSMP), if you are eligible to switch into Tier 1 (General).

    If you are not in one of the categories above, you cannot apply to Tier 1 (General).

  • 4. How many points do I need to qualify for Tier 1 General?

    Your total points score must be at least 95 pointsif you currently have permission to stay in the UK as:

    • a Tier 1 (General) migrant under the Immigration Rules in place before 19 July 2010
    • a highly skilled migrant;
    • a writer, composer or artist; or
    • a self-employed lawyer.

    If you are in any other eligible category, your total points score must be at least 100 points (unless you are covered by the HSMP Forum judicial review judgment).

    Your total score must include 10 points for English language skills and 10 points for maintenance (funds).

  • 5. How can I calculate points to assess my eligibility for Tier 1 General category?

    You can use Home Office Points-Based Calculator to calculate how many points you will score.

     

  • 6. What Are The Age Points For Tier 1 General Extension/ILR?

    The table below shows the points that you will score if you currently have permission to stay in the UK as:

    a Tier 1 (General) migrant under the Immigration Rules in place before 6 April 2010;a highly skilled migrant; a writer, composer or artist; or a self-employed lawyer.

    Age on your application date for your first permission to enter or stay Points
    Under 28 years 20
    28 or 29 years 10
    30 or 31 years 5
    32 years or over 0

    If you are in another eligible immigration category, the table below shows the points that you will score:

    Age on your application date for your first permission to enter or stay Points
    Under 30 years 20
    30 to 34 years 10
    35 to 39 years 5
    40 years or over 0
     
  • 7. How Are Points Scored For Previous Earnings From Employment Or Self-Employment?

    You can score up to 80 points for your salaried employment or self-employed earnings.

    The table below shows the points that you will score if you currently have permission to stay in the UK as a Tier 1 (General) migrant under the Immigration Rules in place before 6 April 2010;

    Previous earnings Points
    £16,000-£17,999 * 5
    £18,000-£19,999 * 10
    £20,000-£22,999 15
    £23,000-£25,999 20
    £26,000-£28,999 25
    £29,000-£31,999 30
    £32,000-£34,999 35
    £35,000-£39,999 40
    £40,000 or more 45

    If you are currently in another eligible immigration category, the table below shows the points that you will score:

    Previous earnings Points
    £25,000-£29,999 5
    £30,000-£34,999 15
    £35,000-£39,999 20
    £40,000-£49,999 25
    £50,000-£54,999 30
    £55,000-£64,999 35
    £65,000-£74,999 40
    £75,000-£149,999 45
    £150,000 or more 80

    * You will score no points for previous earnings below £20,000 if, under the Immigration rules in place between 31 March 2009 and 5 April 2010:

    • you were given permission to enter the UK under Tier 1 (General); or
    • you were given permission to switch into Tier 1 (General) from an immigration category other than those listed below:
      • a Tier 1 (General) migrant under the Immigration Rules in place before 6 April 2010;a highly skilled migrant;
      • a writer, composer or artist; or
      • a self-employed lawyer.

     

  • 8. Are Allowances Assessed As Part Of The Previous Earnings?

    The UKBA will only include allowances (such as those for accommodation or schooling for your children) in the assessment of your previous earnings if they are part of your remuneration package and are not paid to reimburse you for money you have previously spent.

    The UKBA will only accept allowances as earnings if they are declared in your payslips and your employment contract says that your employer must pay these allowances.

  • 9. When Can I Apply For ILR Under Tier 1 General Category?

     You can apply for ILR under Tier 1 General category 28 days before completing five years residence in the UK. You can count your residence period from the visa issue date if you entered the UK within 90 days of the Tier 1 General/HSMP visa issue date. If you entered the UK after 90 days of the visa issue date, you should count your five years residence from your date of entry in the UK.

  • 10. Within how many days I have to appeal against the refusal of my application for extension of Tier 1 General leave?

    If your application for extension of your Tier 1 General visa has been refused by the Home Office, UKBA, you may have a right of appeal against the refusal of your application if you submitted your application before the expiry of your leave and you did not have a valid leave at the time of decision on your Tier 1 General application. Notice of appeal must be received by the 1st Tier Tribunal within 10 working days of the date of receipt of the refusal letter (if you are not detained). If you do not get right of appeal against the refusal of your Tier 1 General application, you can still challenge the refusal by way of Judicial Review in High Court against the UKBA decision.

     

  • 11. How Are Points Scored For Qualifications?

    You can score up to 50 points. Points are awarded for only 1 qualification.

    The table below shows the points that you will score if you currently have permission to stay in the UK as:

    • a Tier 1 (General) migrant under the Immigration Rules in place before 6 April 2010;
    • a highly skilled migrant;
    • a writer, composer or artist; or
    • a self-employed lawyer.
    Qualification Points
    Bachelor's degree* 30
    Master's degree 35
    PhD 50

    If you are in another eligible immigration category, the table below shows the points that you will score:

    Qualification Points
    Bachelor's degree* 30
    Master's degree 35
    PhD 45

    * You will score no points for a bachelor's degree if, under the Immigration Rules in place between 31 March 2009 and 5 April 2010:

    • you were given permission to enter the UK under Tier 1 (General); or
    • you were given permission to switch into Tier 1 (General) from an immigration category other than those listed above.
  • 12. How Is The Period Of Earnings Assessed For A Person Who Has Been On Maternity Or Adoption Leave?

    If you have been on maternity or adoption leave for up to 12 months of the most recent 15-month period in which you have worked, you can discount (do not need to count) the period of maternity or adoption-related absence, maximum absence period is not more than 12 months. This may apply, for example, if you have been working for four months, then take a period of maternity or adoption leave for up to 12 months, then return to work for eight months before applying. In these circumstances, the UKBA would consider the combined periods of four and eight months that you worked, and would not count the maternity or adoption-related absence.The maximum period of maternity or adoption-related absence that the UKBA will not count is 12 months.

    If you are still absent from work for maternity or adoption-related reasons at the time of your application, the UKBA will consider a period of 12 months taken from the 15 months immediately before the absence began.

  • 13. How Are The Previous Earnings Assessed?

    The UKBA will assess your gross salary before tax. This also applies if you are self-employed and draw a salary from your business.

    If you earned the money in a country with no tax system, the UKBA will consider your total earnings for the period. If you are self-employed, your earnings are assessed on the profits of your business before tax. If you have a share of a business, your earnings are assessed on your share of the business's net profits before tax.

  • 14. What is the period of past earnings for assessment?

    Earnings must be made up of 12 consecutive months and must normally fall within the 15 months before your application.

    You can claim points for a 12-month period outside the 15-month period if you have been away from the workplace for a time during the last 12 months on maternity or adoption-related absence.

    You do not need to be in continuous employment during the 12-month period being assessed, so:

    • you can claim for a period of earnings less than 12 months; and
    • earnings do not have to be from a single employer and can be from full-time, part-time, temporary or short-term work.

    If you claim for a period that is longer than 12 months, or if you do not specify a period for assessment of earnings, the UKBA will assess the most recent 12-month period for which you have sent evidence.

  • 15. Can I Submit my Tier 1 General Extension Application Through Same Day Visa Service?

    We provide same day visa service for Tier 1 General extensions and ILR Tier 1 General applications. We can get PEO appointment for your application, prepare your application and submit your application at PEO Croydon to get same day decision on your application.

  • 16. What is Tier 1 General Policy Guidance?

    The Tier 1 General Guidance provides policy guidance on Tier 1 (General) of the points based system. Please note that it reflects policy at the time of publication and is subject to change. It should be read in conjunction with the relevant paragraphs of the Immigration Rules.

  • 17. Can I use uplift ratios for my overseas earnings to apply for extension of my Tier 1 General visa?

    If you are already in the UK under Tier 1 (General) and you are applying to extend your stay, you cannot claim uplift ratios on any overseas earnings.