UK PBS Dependant Visa Guidance

The UK Dependant Visa is for the family members of people who have, or are applying for, visas various work categories including the Worker routes (formerly Tier 2), Temporary Worker routes (formerly Tier 5) as well as Representatives of overseas business, Innovators, Global Talent migrants and those with visas granted on the basis of UK ancestry. At A Y & J Solicitors, we can enhance the chance that your dependent family members are permitted to accompany you to the UK – so that you can embark on your new adventure, free from stress and worry.

As a focused immigration firm, we provide friendly, responsive, accurate legal advice and information that you can rely on.  By instructing us to manage your entire family’s application for leave to enter the UK, you can be confident you receive right legal advice and strong legal representation.

Who Can Apply for a UK Dependant Visa?

To qualify for a Dependant Visa, you must be a dependant family member of a qualifying migrant.  The Immigration Rules define a ‘dependant’ as being a:

  • Husband, wife or civil partner;
  • Unmarried or same-sex partner;
  • Child aged under 18 years at the time of application.

It is highly unlikely that any other family members would be successful in claiming dependant status for the purposes of a Dependant Visa.

To obtain a Dependant Visa as a spouse or partner, you must be the spouse or partner of someone who is either:

  • In the UK on a relevant visa, or
  • Applying for a visa at the same time as you are making your application for a Dependant Visa

Same-sex or unmarried partners must also be able to show they have been in a subsisting genuine relationship akin to marriage for the past two years.

Children may apply for a Dependant Visa if:

  • Both parents are applying for entry-clearance at the same time, or;
  • Both parents are already in the UK and the child is applying to join them, or;
  • One parent is already in the UK and the other parent is applying for entry-clearance to join them along with the child.

Children can only apply for a Dependant visa of a sole parent if:-

  • The parent is the only surviving parent; or
  • The parent has sole responsibility for the child’s upbringing; or
  • There are serious or compelling reasons for why the child can exceptionally apply as the dependant of only one of his/her parents.

An essential requirement of the Dependant Visa is that the family have enough money to support themselves without having to rely on public funds.  For example, if the main applicant is applying for a Skilled Worker Visa, they will need to show that they have £285 in savings for the dependent partner plus an extra £315 in savings for the first dependent child and £200 for each additional dependent child.  However, if a Skilled Worker Sponsor Licence holder with an A-rating can certify that these funds will be made available, the applicant may not have to provide proof funds availability.

How Do I Apply for a Dependant Visa?

Applications for a Dependant Visa can be made inside or outside the UK, and online (unless the applicant is from North Korea).  Our expert lawyers will assist you and make the process seamless.

What Documents Do I Need to Provide to Apply for a UK PBS Dependant Visa?

You will need to include the following documents in your application (Note: This is not an exhaustive list):

  • A passport or other valid travel document
  • Marriage Certificate for Spouse or Birth Certificate for Child
  • Bank statements
  • Evidence of relationship between the dependant and main applicant
  • The results of your tuberculosis test (if applicable)
  • The result of a criminal record check (if applicable)

We will assist you with collating the required documents for your entire family.

UK Visas and Immigration (UKVI) are typically rigid in requiring that all documentation must be accurate and meet the stated specifications.  Failure to comply means your application risks refusal or rejection.  Any documents that are not written in the official languages of the UK (English or Welsh) must be translated by a certified professional translator.

In addition, the UKVI can enact checks to verify documentation for validity and accuracy. Any anomalies may lead to suspicion of deception, which may not only lead to application refusal but also can incur a 10 year ban on being granted entry clearance to the UK in future.

What is the processing time for the Dependant visa?

From outside the UK, a Dependant visa could take 12 weeks to be processed, from the date of your visa appointment.

For an additional fee the application can be submitted using the priority service, which would normally expedite the decision to within 5 working days.

From inside the UK, the current service standard is 8 weeks, from the appointment date.

There are priority and super priority services available for an additional cost. The priority service expedites the decision to 5 working days and the super priority expedites the decision to 24 hours.

What are the fees for a Dependant visa in the UK?

The dependent visa fee is charged in line with the main applicant.

Each dependent is also subject to the Immigration Health surcharge, which is currently £624 per year for adults and £470 per year for child applicants.

Inside the UK, there is a biometric enrolment fee of £19.20.

Fees for Skilled Worker dependents are as follows:

Skilled Worker dependent – 3 year visa – entry clearance – £610

Skilled Worker (Shortage Occupation List) – 3 year visa – entry clearance £464

Skilled Worker dependant – 5 year visa – – entry clearance £1,220

Skilled Worker (Shortage Occupation List) – 5 year visa  – entry clearance £928

Skilled Worker dependant – 3 year visa – leave to remain – £704

Skilled Worker (Shortage Occupation List) – 3 year visa– leave to remain £464

Skilled Worker dependant – 5 year visa– leave to remain £1408

Skilled Worker (Shortage Occupation List) – 5 year visa– leave to remain £928

Entry Clearance and Leave to Remain Fees for dependents of other visa categories can also be found on the Home Office’s current fee list, including:

What Are the Advantages of a PBS Dependant Visa?

As a dependant, you will be able to work and study in the UK (with some restrictions), and children will be able to go to either a state or private school.  And of course, your family will remain together, able to enjoy living in a new country.

In addition, after a completing a relevant qualifying period, you may be eligible to apply for Indefinite Leave to Remain.

What are the requirements for a dependant visa in the UK?

The dependant must be able to:-

  • Prove their Identity;
  • Prove their relationship to the main applicant;
  • Intend to live with their sponsor in the UK for the duration of their visa;
  • Have enough funds to support themselves without public funds (i.e. benefits).

What are the rules for the UK’s dependent visa?

The rules for dependent visas vary depending on the dependent route applied for. In all cases, partners must show that they are in a genuine subsisting relationship and that they intend to live with their partner in the UK. Children must be under 18 years old, unless, having subsequently turned 18 further to an application or original grant of (continuous) leave as a dependant.

In most cases the applicant will need to show that they can maintain and accommodate themselves in the UK without recourse to public funds (i.e. state benefits). Skilled Worker dependants may need to show a specified level of funds in their bank account or have a certification of maintenance from the Skilled Worker’s sponsoring employer. Other dependants, such as dependants of UK ancestry holders, may be able to show evidence of “adequate” funds without a specific level needing to be met.

What are the eligibility requirements for a Dependant Visa?

Only qualifying family members can apply for a dependent visa. This includes:-

  • Spouses
  • Civil partners
  • Unmarried partners (in a provable durable relationship)
  • Children under 18 years old at the date of application (dependent children who are over 18 can apply for extensions under the dependent category, provided they have held continuous leave as dependents since they were under 18)

Partners will need to prove that they are in a genuine relationship with the Main applicant and that they intend to live with their partner in the UK.

Children must not be leading an independent life (i.e. financially independent).

Who are the Leaders in Dependant Visa Applications?

Leaders, or “Main Applicants” are the individuals who have qualified for a UK visa – usually this will be on the basis of work or study in the UK. Main Applicants may be eligible to “sponsor” their dependent family members to apply for a dependent visa. The dependent visa will allow the family member to join the Main Applicant in the UK from overseas, to accompany the Main Applicant in moving  to the UK or enable the family member, already resident, to continue to live together with the Main Applicant in the UK.

What will be the Duration of Stay under Dependant’s Visa?

A dependant visa would always be granted in line with the sponsor. If a child is making an application and their parents have different visa lengths, the child’s visa would be granted in line with the parent who has the shorter period of leave remaining.

If a Skilled Worker is being or has been granted indefinite leave to remain, their dependant partner can apply for ILR too, if they qualify. If the dependant partner does not qualify for ILR at the same time as the Skilled Worker, they can normally extend their visa under the dependant route when it is due to expire; this type of extension would be granted for 3 years automatically.

If the partner is granted ILR on another route (for example Long Residence) the dependant would need to switch into the spousal partner (Appendix FM) route.

Who can come to the UK as a dependant?

Only direct family members can apply as visa dependants. This would include:-

  • Spouses
  • Civil partners
  • Unmarried partners (who are in a durable relationship)
  • Children under 18 (at the date of application)

Unmarried partners must provide evidence of having lived with their partner for at least 2 years. Children must not be living an independent life.

Is it possible for dependent visa holders to work in the UK?

Dependant visa holders are permitted to work in the UK. They can work in a self-employed capacity but there are restrictions on employment as a professional sportsperson or a Doctor/Dentist in training.

How much funds will be required to obtain a dependant visa?

Dependants of Skilled Workers will need to meet the minimum requirement of funds. If the Skilled Worker themselves is being sponsored by an A-rated sponsor who is happy to “certify maintenance” for their employee and dependants, then evidence of a bank balance is not required. Similarly, if the dependants are applying for leave to remain and have lived in the UK for at least 12 months at the point of application, evidence of finances is not required.

Other dependants may need to show they have “adequate” funds to support themselves.

How A Y & J Solicitor Can Help with Your UK Dependant Visa Application?

Our qualified lawyers at A Y & J Solicitors have extensive experience processing successful UK Dependant Visa applications.  We understand how complex these applications can be for some applicants; however, we will make everything as clear as possible.  We work hard and provide the right legal advice and representation to improve chances of your Dependant Visa application getting approved.

A Y & J Solicitors’ first-rate customer service ensures that you receive the help and understanding you need through every stage of your application.  From the first meeting until you have the decision on your visa, we take each step with you, ensuring you are constantly updated on the progress of the application.

FAQs

It’s a type of visa that permits a qualifying individual to join or accompany their family member who has been (or is at the same time being) granted a visa to live in the UK.

There is no requirement to be proficient in English to obtain a Dependant Visa.  However, if you wish to apply for settlement, you will need to meet the English language requirement and pass the Life in the UK test.

Success Story on UK PBS Dependant Visa

Attention to Detail Ensures Successful PBS Dependant Entry Clearance Visa Application 1
On January 19, 2018 | In Dependent Visa | By A Y & J Solicitors

Attention to Detail Ensures Successful PBS Dependant Entry Clearance Visa Application

Sometimes a small discrepancy can have a significant impact on the success of an application. A Y & J Solicitors takes great care to ensure that every application—even the ones that appear routine—are carefully checked before submission. Unique challenges can often be resolved when expertise and diligence are available, as in the following case. Tier…

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