Family Member of a PBS Migrant Visa

THIS VISA TYPE IS SUITABLE IF YOU;
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.

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Family Member of a PBS or a skilled 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 or a skilled migrant (under the age of 18 at the time of filing).

Family Member of a PBS or a skilled Migrant Visa allows dependents of Points-Based System (PBS) migrants in the UK to join or stay with them. It’s ideal for spouses, partners, or children under 18 of those holding a valid PBS visa, providing a pathway to live, work, and study in the UK while maintaining family unity.

Call now at 02033844389

We Can Help You With Your Family Member of a PBS or a skilled Migrant Visa

Make a new application, apply for your dependents to join you, wish to extend your visa, become settled or challenge an unfair decision…
UK Immigration Solicitors can provide you with expert advice, guidance and legal representation to meet your needs.
Unsure about whether your plans would meet the requirements or whether you are likely to face any challenges?
We can assess your individual circumstances and confirm what your options are through a free case assessment.
UK Immigration Solicitors can ensure that your chances of success are maximised by handling your entire application remotely.
We provide a fully digital service, and you never have to visit our offices for 9/10 immigration cases.
We are an award-winning law firm that specialises in all types of UK immigration cases, and we offer a transparent, fixed fee service to handle your entire case.

Our experienced UK immigration Solicitors can help you with your immigration process.

Who is eligible for the Family Member of a PBS or a skilled Migrant Visa?

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 or a skilled 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. Dial 02033844389

Our experienced UK immigration Solicitors can help you with your immigration process.

Other Considerations for PBS or a skilled Migrant Visa Applicants

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.

Speak to our friendly expert team now to see how we can help you live, work, or study in the UK. Call now at 02034844389

Our experienced UK immigration Solicitors can help you with your immigration process.

Can I Extend a PBS or a skilled Migrant Visa?

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.

What Can I Do About a PBS or a skilled Migrant Visa Refusal?

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.

Our immigration barristers can provide representation at Judicial Review hearings if the decision to reject your application was unlawful, unreasonable, or procedurally improper. Dial 02033844389

Our experienced UK immigration Solicitors can help you with your immigration process.

How Long Does it Take to get a Settlement under the PBS or a skilled Migrant Visa?

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: