Frequently asked questions (FAQ) regarding PBS dependant applications in the UK. Free immigration advice from leading law firms in London , UK
Unless the PBS migrant is granted ILR to remain in the UK, the leave will be granted by the UKBA if it is in line with the expiry date of the PBS migrant or applicant’s leave. A period of three years leave will also be granted to the applicant by the UKBA based on the above statement. An additional leave can be applied for if it is required for the individual to be taken up to the applicable qualifying period for ILR.
As long as certain requirements are met, dependants (spouse, civil partner, dependent children and unmarried or same-sex partner) are permitted to join an individual who has been granted leave as a Tier 4 (General) student in the UK or can switch as the PBS dependent of a Tier 4 student from within the UK and this is also in accordance with the Immigration Rules of the UK Economy.
The following requirements are needed to be met by Tier 4 (General) students who are studying in the UK for six months or longer and can sponsor in-country switching or can bring dependents to the UK:
NOTE: Dependants cannot be brought to the UK by Tier 4 (General) students who are studying for six months or less in the UK.
As a PBS Defendant, the applicant must have the following conditions attached to any leave:
A family member of an applicant (Tier 4 (General) student) who has been granted leave for less than 12 months will not be allowed to work while in the UK unless the applicant is a Government Sponsored Student.
The family member of an applicant (Tier 4 (General) student) who has been permitted a grant of leave for a course of study that is below degree level will not be permitted to work while in the UK.
For entry clearance to be granted to an applicant, his or her spouse, civil partner, and unmarried or same sex partner must be from the age of 18 and above on the date the applicant is to arrive in the UK.
Switching into the PBS Dependant of Tier 1, 2 or 5 Migrant is now possible from within the UK which is in line with the changes in the Immigration Rules implemented from 1st October, 2013 except:
It is clearly stated from the above that any individual who is not on a visitor visa or an over stayer in the UK can switch from within the UK into the PBS Dependant of Tier 1, 2, or 5 Migrant.
A child must be under the age of 18 on the date of applying for leave to remain as the child of a PBS Migrant. In the case where the child is from the age of 18 and over, he or she must have or has last been granted leave as someone applying at the same time for leave as a PBS migrant or as the family member of a PBS migrant.
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