1. What is a PBS Dependent Visa?
The PBS Dependent Visa allows family members of individuals in the UK on a Points-Based System (PBS) visa to join them. This visa is designed for the dependents of skilled workers, including those holding Tier 1, Tier 2, Tier 4, or Tier 5 visas (now part of the Skilled Worker or Student categories under the UK’s updated immigration system). The PBS Dependent Visa enables spouses, civil partners, and children to live in the UK with their family member who holds a PBS visa.
Dependents are eligible to live, study, and in most cases, work in the UK for the duration of the primary visa holder’s stay. This visa type helps families stay together while their loved ones pursue work or study in the UK.
2. Who is Eligible for a PBS Dependent Visa?
To qualify for a PBS Dependent Visa, the applicant must be the dependent of a person who holds a valid visa under the UK’s Points-Based System. Eligible dependents include:
- Spouse or civil partner: Legally married or in a recognized civil partnership with the primary visa holder.
- Unmarried partner: Must demonstrate a long-term relationship equivalent to marriage, usually evidenced by living together for at least two years.
- Children under 18: Dependent children who must live with the primary visa holder unless studying away from home.
- Children over 18: Only eligible if they are already in the UK as dependents, and they remain financially reliant on the primary visa holder.
The relationship between the dependent and the PBS visa holder must be genuine, and the family must intend to live together in the UK.
3. Key Requirements for a PBS Dependent Visa
There are specific PBS Dependent Visa requirements that must be met to ensure a successful application:
- Relationship proof: Dependents must provide evidence that they are a spouse, civil partner, or child of the primary visa holder. This could include marriage certificates, civil partnership documents, or birth certificates.
- Financial requirement: The PBS visa holder must prove they have sufficient funds to support their dependents without relying on public funds. This usually includes proof of income or savings.
- Accommodation: Dependents must show evidence of appropriate housing arrangements in the UK.
- Immigration status of the main visa holder: The primary PBS visa holder must be in the UK or planning to arrive at the same time as the dependent.
- Age requirement: Dependents over the age of 18 may have different conditions, and they must demonstrate financial dependence on the main visa holder.
Meeting these requirements ensures that the application has the highest chance of approval.
4. Financial Requirements for the PBS Dependent Visa
One of the primary conditions of the PBS Dependent Visa is meeting the financial requirement. The main visa holder must show they have enough funds to support their dependents without relying on UK public funds.
Here’s a breakdown of the financial requirements:
- Savings: The PBS visa holder must have a minimum amount of money in savings, depending on how many dependents they are sponsoring. The required amount varies:
- For a spouse or partner: £285.
- For a child: £315 for the first child and £200 for each additional child.
- Proof of finances: This could include bank statements, payslips, or proof of employment.
These funds must be available for at least 28 consecutive days before applying for the visa. This financial proof demonstrates that the family can support themselves in the UK.
5. Rights of PBS Dependent Visa Holders
Holders of the PBS Dependent Visa enjoy several rights while living in the UK:
- Right to work: Dependents can work in the UK in most jobs, but they cannot take on roles like a professional sportsperson or coach.
- Right to study: Dependents are free to pursue education in the UK, whether in public or private institutions.
- Access to healthcare: Visa holders are entitled to use the National Health Service (NHS) after paying the Immigration Health Surcharge (IHS) during the application process.
While PBS dependents enjoy many freedoms, it is important to remain aware of any specific conditions that might apply, depending on the visa category of the primary visa holder.
6. How to Apply for a PBS Dependent Visa
Applying for a PBS Dependent Visa involves several steps that dependents must follow to successfully join the primary visa holder in the UK. The process is as follows:
- Complete the online application: Dependents must fill out an application form specific to their relationship to the PBS visa holder.
- Provide biometric information: This includes fingerprints and a photograph, which will be taken at a visa application center.
- Submit supporting documents: Dependents must submit documents such as proof of relationship, financial support, and accommodation details.
- Pay the visa fees: This includes the application fee and the Immigration Health Surcharge (IHS), which grants access to the NHS.
- Attend an interview (if required): Some applicants may be asked to attend an interview to verify their application details.
Processing times can vary, but dependents should plan ahead to ensure they submit their application in line with the visa holder’s plans.
7. Required Documents for PBS Dependent Visa Applications
Applicants for the PBS Dependent Visa need to gather a set of specific documents to support their application. These typically include:
- Valid passport: The passport must be current and valid for the duration of the stay.
- Proof of relationship: Marriage or civil partnership certificates, birth certificates for children, or evidence of living together for unmarried partners.
- Proof of funds: Bank statements or financial documents showing that the PBS visa holder can support their dependents.
- Proof of accommodation: Documents showing where the dependents will live in the UK.
- Immigration status of the main visa holder: Copies of the primary visa holder’s passport and visa details.
Submitting a complete and accurate document set is crucial for ensuring a smooth visa application process.
8. How Long is the PBS Dependent Visa Valid?
The PBS Dependent Visa is generally valid for the same duration as the main visa holder’s stay in the UK. For example, if the primary visa holder has a visa valid for three years, the dependent’s visa will be valid for the same period.
Dependents may apply to extend their visa if the primary visa holder extends theirs. In many cases, after staying in the UK for five continuous years, PBS dependents may be eligible to apply for Indefinite Leave to Remain (ILR), allowing them to settle in the UK permanently.
9. Can PBS Dependents Apply for ILR (Indefinite Leave to Remain)?
PBS dependents can apply for Indefinite Leave to Remain (ILR) if they meet certain conditions. To qualify, dependents must:
- Have lived in the UK for at least five years on a PBS Dependent Visa.
- Still meet the relationship requirements with the primary visa holder.
- Show they meet the financial requirements at the time of applying for ILR.
- Have abided by the visa conditions throughout their stay in the UK.
Once they obtain ILR, dependents can live in the UK indefinitely and are no longer subject to immigration controls. They may also qualify for British citizenship after an additional year with ILR.
10. Common Challenges in Applying for the PBS Dependent Visa
The PBS Dependent Visa application process can present several challenges, including:
- Proving financial support: If the primary visa holder’s income is insufficient, the application may be delayed or denied.
- Relationship verification: Providing evidence of a genuine and ongoing relationship, especially for unmarried partners, can be difficult.
- Document preparation: Ensuring that all documents, such as financial statements and proof of accommodation, are up to date and accurate is crucial to avoid application rejections.
Seeking help from immigration advisers can help overcome these common issues and streamline the visa process.
Conclusion
The PBS Dependent Visa is a valuable pathway for families to join skilled workers and students in the UK. By understanding the eligibility criteria, financial requirements, and application process, dependents can successfully apply for a visa to live, work, and study in the UK. Ensuring that all required documents are in order and that the financial requirements are met will help avoid delays and rejections.
For those planning long-term residence in the UK, the PBS Dependent Visa can also lead to Indefinite Leave to Remain, offering the opportunity for permanent settlement.