PBS frequently asked questions (FAQ)

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:

• The student must be applying or has applied for a visa which is no longer than six months for a course of study and he or she must also be a government sponsored student
• The student must be studying a course that is for 12 months or longer at a recognised body or at a higher education institute (HEI) in the UK at a post graduate level.
• The student must also have applied for or have been granted leave to remain on the doctorate extension scheme as a Tier 4 (General) student.
• The student must have been granted leave as an individual studying a course that is more than six months long or as a Tier 4 (General) migrant and has had this leave within three months before the application date or has been applying to study for a course that exceeds six months or has been applying for a leave at the same time as a family member.

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:

• The applicant must not recourse to public funds;
• As long as it is required by paragraph 326 of the Immigration Rules, the applicant must register with the police;
• The individual must not be employed as a Doctor or Dentist in Training except he or she has a sponsor license under Tier 4 of the Points Based System or has acquired a primary degree in medicine or dentistry from a recognised institution in the UK or he or she is applying for leave to remain or has been granted a leave to enter, a leave to remain or entry clearance that is not subject to the conditions limiting the individual’s employment, whether the employment is as a Doctor or Dentist in Training or otherwise and if during that leave as a Doctor or Dentist in Training he or she has been employed.

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:

• The individual was granted a leave to remain or enter the UK as a visitor; or
• The individual is on a temporary release or admission.

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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