Family Member of a PBS Migrant Visa
Partner & Family Visa
Have a husband, wife, civil partner, unmarried partner, same sex partner or child who is currently in the UK as qualifying migrant under the points-based system and you want to join your UK family member.|

How can we help you today?

How can we help you today?

Family Member of a PBS Migrant Visa

Partner or child of a points-based system migrant may qualify for this visa category and enter and remain in the UK with their family member.

The applicant must be the spouse, civil partner, unmarried partner, partner of the same sex, or child of a PBS migrant (under the age of 18 at the time of filing).

Faqs

UK Visas & Immigration requires the following requirements in order to grant you a Child Visa:

Depending on your circumstances, you may need to satisfy different requirements, so it is strongly advisable to confirm your eligibility in advance of making an application.

If you are the child of a parent or family member who is settled in the UK, you may be eligible to apply for a leave to remain indefinitely in the following circumstances:

  • It is possible for the child to come to the UK to live with both parents and either:
  • Both parents have British citizenship or they have indefinite leave to remain in the country, or they are both being admitted for settlement at the same time; or
  • There is one parent who is a British citizen, or has indefinite leave to remain, and the other parent is applying to come to the UK.

If you are bringing your child to live with only one of your parents in the UK and either:

  • It is either one of the parents is a British citizen or has indefinite leave to remain, and the other parent is dead; or
  • There is one parent who is either a British citizen or who has indefinite leave to remain in the UK, and that parent is solely responsible for raising the child;
  • There is a parent who is a British citizen, or who has indefinite leave to remain in the UK, and there are serious and compelling family or other considerations which make it unpalatable for the child to be expelled from the UK.
  • Children who are going to live with a relative who is not their parent and who is a citizen of Great Britain or has indefinite leave to remain, and where there are serious and compelling family or other reasons why the child should not be excluded from the UK.

In addition, the child must demonstrate that they meet these requirements:

  • Their parents or other relatives are related to them as claimed; and
  • The applicant is under the age of 18 at the time of application; and
  • The couple is not married, in a civil partnership, or living independently; and
  • The child is provided with adequate housing and maintenance, without relying on public funds.

UK Visas & Immigration requires the following requirements in order to grant you an Family Member of a PBS Migrant Visa:

  • You are over 18 years of age;
  • You have a spouse, civil partner, unmarried partner, or same-sex partner who is a PBS migrant, or who is being granted PBS leave at the same time as a PBS migrant, or who gained British citizenship after obtaining PBS leave;
  • Having lived in a relationship similar to marriage or civil partnership for at least two years if you are the unmarried or same-sex partner of a PBS migrant;
  • In the UK, you intend to live together with the PBS migrant throughout his or her stay;
  • You do not intend to stay in the UK longer than the period of leave granted to PBS migrants;
  • Unless the PBS migrant is a Tier 1 Investor migrant, you must have maintenance funds;
  • You have not been granted entry clearance or leave as a visitor, short-term student, temporary admission or temporary release before applying for leave to remain;
  • You have to provide a criminal record certificate from the relevant authority of any country where you have resided for 12 months or more in the past 10 years while over 18 and applying for entry as a partner of a Tier 1 Investor or Tier 1 Entrepreneur.

 

UK Visas and Immigration must be satisfied that the child of a PBS migrant has the following characteristics:

  • You are the child of a PBS migrant, a PBS migrant receiving leave (including a visa for ILR) at the same time, or the child of a PBS migrant who has ILR under the rules for Tier 1, 2 or 5;
  • You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time;
  • No marriage or civil union, no independent family unit, no independent lifestyle;
  • You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
  • You have both of your parents lawfully present in the UK, or they are both in the process of obtaining a visa or leave to remain together, unless:
  • your sole surviving parent is a PBS migrant;
  • You have and will have sole responsibility for your upbringing as a PBS migrant;
  • In addition, considerations related to your family or other circumstances make it desirable not to deny the application, and suitable arrangements have been made for your care in the UK;
  • Maintaining funds is a requirement for PBS migrants (unless they are Tier 1 Investor migrants).

Depending on your circumstances, you may need to satisfy different requirements, so it is strongly advisable to confirm your eligibility in advance of making an application.

Families of PBS migrants will usually be allowed to stay in the country until the migrant’s leave expires. Unlike the PBS migrant, you will be granted three years of leave.  If necessary, you can apply for further leave to make sure your stay meets the qualifying period.

As long as their existing PBS leave is valid, dependents of main migrants can remain in the UK.

In order to apply for indefinite leave to remain, partners of PBS migrants granted leave must satisfy a 180-day residency requirement as of 11 January 2018. By examining absences on a rolling basis, the Home Office will no longer consider absences in separate 12-month periods.

As a family member of a PBS migrant, children over 18 who have not previously been granted leave are not eligible for this category. Likewise, other relatives, such as parents or grandparents, are not eligible for consideration in this category.

Before your initial grant of leave as a Family Member of a PBS Migrant expires, you will need to apply to UK Visas and Immigration to extend your stay.

The requirements for further leave to remain in the UK as a family member of a PBS migrant are broadly the same as those that apply to initial applications in the family member of PBS migrant’s category. However, you will need to make sure that your application satisfies the relationship, intention and maintenance (if applicable) requirements again.

You must satisfy UK Visas and Immigration that you are the partner of a PBS migrant in order to be granted indefinite leave to remain:

  • Your partner is a spouse, civil partner, unmarried or same sex partner of one who is currently on indefinite leave as a PBS migrant;
  • It has been granted to you or you were granted it as the partner of a PBS migrant who is about to be granted indefinite leave;
  • As part of a marriage or civil partnership with the PBS migrant in the UK, or in a relationship that is similar to a marriage or civil partnership:
  • Under the rules in place before 9 July 2012, applications granted leave as the partner of a PBS migrant are eligible for two years of leave;
  • Under the rules in place on or after 9 July 2012, applicants granted leave as a partner of a PBS migrant have 5 years left.
  • There is an existing relationship between you and the PBS migrant, and you intend to live permanently with them as their spouse, civil partner, unmarried or same sex partner;
  • During any rolling 12-month period, you have not spent more than 180 days outside the UK during periods of leave granted since 11 January 2018;
  • Your knowledge of the language and lifestyle in the UK is sufficient.

The UK Visas and Immigration department requires the following proof in order to grant indefinite leave to remain for the child of a PBS migrant:

  • You are either the child of a parent who:
  • At the same time, the child receives ILR as a PBS migrant (for children granted leave as children of PBS migrants under the rules in place before 9 July 2012); or
  • has been granted, or is at the same time being granted, ILR as a PBS migrant when:
  • that parent is your sole surviving parent; or
  • that parent has and has had sole responsibility for your upbringing; or
    there are serious and compelling family or other considerations which would make it desirable not to refuse your application and suitable arrangements have been made for your care; or
  • You have been granted, or are being granted, indefinite leave to remain as a partner of a PBS migrant who has indefinite leave to remain;
    Having been granted, or is currently being granted, ILR as the partner of a British citizen (when immediately before that they had ILR as a PBS migrant);
  • You have, or have last been granted, leave as the child of a PBS migrant or their partner, who is being granted indefinite leave or have been born to a PBS migrant who is being granted indefinite leave;
  • If you are under the age of 18 on the date of your application, you may not meet the knowledge of language and life in the UK requirements.

We can advise you on the merits of making a fresh application or challenging the decision if your entry clearance, leave to remain or settlement application has been refused.

The Home Office or Immigration Rules can be challenged if the decision-maker failed to follow them correctly.

Our immigration barristers can provide representation at Judicial Review hearings if the decision to reject your application was unlawful, unreasonable or procedurally improper.

Our Tried & Tested Comprehensive Representation Process for Successful Outcomes

We provide everything for one fixed, transparent fee – no unpleasent surprises!

Free Initial Assessment

Revieve a free, no obligation assessment. The free assessment is carried out by an expert member of our Assesments Team. We’ll identify your needs and objectives and figure out what your options are and whether you meet the requirements. We’ll also explain exactly how we can help and issue you with a no obligation detailed proposal to take your case on. You decide if you want us to help you through the journey having now understood your options.

1-1 Legal Consultation

If we can help you and you have accepted our proposal of service, we’ll get you booked in for a one to one legal consultation with a lawyer.

This is normally done over the phone but can be facilitated in person too if necessary.

During the legal consultation with a fully regulated expert solicitor, we will explain of the detailed requirements of your chosen visa type and check and rectify any problems and create a legal strategy and documentaton list.

We’ll also give you a step by step guide of your tailored road map.


Documentation

During the legal consultation, our lawyers will discuss documentary requirements. We’ll explain exactly which documents you’ll need to support your application. We’ll work with you to ensure we have everything we need and address any issues your personal circumstances present. Together, we’ll ensure we have all of the required documentation.

Strategic Assistance

It’s rarely the case that you will have the correct documents available in a format which is acceptable to UKVI without our help.

Too often, we see clients have followed poor internet guides, made assumptions or followed a strategy which worked for someone they know.

We ensure we have a winning strategy in place and provide proactive advice on how to overcome any challenges you face.



File Submission

We’ll work with you through every step of the way to ensure that we have everything we need are we are both happy with your application by sharing a draft with you. Once you have confirmed you are happy with our prepared application, we will submit this for you via secure transmission. We assist with all elements of booking necessary appointments and related processes.

Visa Granted

Having submitted your application, we’ll guide you on how long we can expect the process to take.

We will monitor the application decision and where possible, will proactively review and liaise with the Home Office.v

We’ll deal with any queries raised and make any required legal respresentations for you.



UK Visas & Immigration requires the following requirements in order to grant you a SPOUSE VISA:

  • If your partner is a British national, holds indefinite or limited leave to remain under the Appendix EU or be entitled to limited leave under the Appendix ECA;
  • both of you are over 18 years of age;
  • the two of you have met in person and are legally married;
  • You intend to live together permanently; Your relationship is genuine;
  • Any previous relationships have ended permanently;
  • No public funds are required to support you in the UK;
  • You and anyone with you in the UK has adequate accommodation;
  • The level of English that you understand and speak is sufficient.
  • Depending on your circumstances, you may need to satisfy different requirements so it is strongly advisable to confirm your eligibility  in advance of making an application.

Free Initial Assessment

Revieve a free, no obligation assessment. The free assessment is carried out by an expert member of our Assesments Team. We’ll identify your needs and objectives and figure out what your options are and whether you meet the requirements. We’ll also explain exactly how we can help and issue you with a no obligation detailed proposal to take your case on. You decide if you want us to help you through the journey having now understood your options.

1-1 Legal Consultation

If we can help you and you have accepted our proposal of service, we’ll get you booked in for a one to one legal consultation with a lawyer.

This is normally done over the phone but can be facilitated in person too if necessary.

During the legal consultation with a fully regulated expert solicitor, we will explain of the detailed requirements of your chosen visa type and check and rectify any problems and create a legal strategy and documentaton list.

We’ll also give you a step by step guide of your tailored road map.

Documentation

During the legal consultation, our lawyers will discuss documentary requirements. We’ll explain exactly which documents you’ll need to support your application. We’ll work with you to ensure we have everything we need and address any issues your personal circumstances present. Together, we’ll ensure we have all of the required documentation.

Strategic Assistance

It’s rarely the case that you will have the correct documents available in a format which is acceptable to UKVI without our help.

Too often, we see clients have followed poor internet guides, made assumptions or followed a strategy which worked for someone they know.

We ensure we have a winning strategy in place and provide proactive advice on how to overcome any challenges you face.

File Submission

We’ll work with you through every step of the way to ensure that we have everything we need are we are both happy with your application by sharing a draft with you. Once you have confirmed you are happy with our prepared application, we will submit this for you via secure transmission. We assist with all elements of booking necessary appointments and related processes.

Visa Granted

Having submitted your application, we’ll guide you on how long we can expect the process to take.

We will monitor the application decision and where possible, will proactively review and liaise with the Home Office.v

We’ll deal with any queries raised and make any required legal respresentations for you.


Free Assessment

Free Assessment

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