The dependant of a tier 1 Exceptional Talent migrant refers strictly to the spouse, civil partner, unmarried, same-sex partner, or child of a Tier 1 Exceptional talent migrant.
In order to be granted entry clearance under this route, the partners involved must be at least 18 years of age except where the dependant is a child dependant. Child dependants applying for entry clearance must not be up to 18 years of age.
The Immigration rules now allow for individuals who are in the UK not as a visitor or on temporary admission or release to be able to switch into the PBS dependent visa category. In the same vein dependants of a Tier 1 Exceptional Talent migrant who are in the UK under any other visa category can switch into the PBS Dependant Visa of a Tier 1 Exceptional talent migrant
It is also important to note that switching may not be open to persons who are overstayers in the UK as well. Also, the age definitions as described above also applies when switching.
If your last grant of leave was as a PBS Dependant of a Tier 1 Exceptional talent migrant, you may be able to extend your leave under the same visa category provided you continue to meet the requirements of your leave to remain. Also, you are be able to apply for to an extension in line with the main applicant’s.
Where your last grant of leave to remain in the UK is as a Tier 1 Exceptional Talent Migrant, under the old rules which was applicable for applications prior to the 9th of July, 2012, you will be able to apply for settlement if you have resided in the UK for a minimum of 2 years and your sponsor has either been granted ILR or has submitted an application for the same.
However, under the new rules, the PBS dependant will now have to have resided in the UK for a period of 5 years in order to be eligible for Indefinite leave to remain.