Visas rules for Family Members of Points-Based System (PBS) migrants.

Tier 1, 2 and 5:

Only spouse, civil partner, unmarried partner and children under 18 yo are considered to be dependants.

Tier 4:

Dependants are allowed, same as above, but only if the main Tier 4 applicant is studying for a degree at a Master’s level (level 7) or above and the course lasts for at least 12 months. A course has to be taught by a publicly-funded college/university, or in case of private colleges in receipt of funding from the government. Students in receipt of the official government sponsorship can sponsor dependants without most of the above restrictions. Those granted or applying for a Tier 4 visa on a Doctorate Extension Scheme can also sponsor dependants (spouse/partner and children under 18 yo).

Before 1 October 2013:

The first, ie initial, Dependant visa application had to be submitted from abroad. It was not possible to switch to this status inside the UK.

From 1 October 2013:

The Rules have been changed following a court case. It is now possible to switch to this status inside the UK. For example, from a Tier 4 to a Tier 4 Dependant. Or from a Tier 4 to a Tier 2 Dependant. Or from a Tier 2 to a Tier 1 Dependant and so on.

Child born in the UK:

It may not be necessary to apply for a visa at all, especially if the main PBS applicant is very close to qualifying for an Indefinite Leave to Remain.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

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