FAMILY MEMBER OF PBS MIGRANT VISA

The Family Member of a PBS Migrant visa allows spouses, partners, and children of individuals who hold a Points-Based System (PBS) visa to join them in the UK. This visa category applies to those who are the legal spouse, civil partner, unmarried or same-sex partner, or dependent children (under 18 at the time of first application) of a PBS migrant.

Eligibility Requirements

For Partners:

To be eligible for entry clearance or to remain in the UK as the partner of a PBS migrant, you must demonstrate that:

• You are at least 18 years old.
• You are the spouse, civil partner, unmarried partner, or same-sex partner of someone who either:
  
  
  • Currently holds leave as a PBS migrant;
  • Is being granted leave as a PBS migrant at the same time as your application; or
  • Has been granted Indefinite Leave to Remain (ILR) or British citizenship after holding ILR as a PBS migrant.
    
    
• If unmarried or in a same-sex partnership, you must have lived together in a relationship akin to marriage or civil partnership for at least two years.
• Your relationship with the PBS migrant is ongoing and you plan to live together in the UK.
• You do not plan to remain in the UK beyond the validity of the PBS migrant’s visa.
• You meet the maintenance funds requirement (unless your partner is a Tier 1 Investor).
• If applying from within the UK, you were not last granted leave as a visitor, short-term student, or under temporary admission/release.
• If you are over 18 and applying as the partner of a Tier 1 Investor or Entrepreneur, you must provide a police clearance certificate from each country where you have lived for 12 months or more in the past 10 years.

For Children:

To qualify as a child of a PBS migrant, you must:

• Be the child of someone who:
  • Holds leave as a PBS migrant;
  • Is being granted leave (including ILR) as a PBS migrant at the same time as you;
  • Has ILR or British citizenship following leave as a Tier 1, 2, or 5 migrant.
• Be under 18 at the time of application (unless you are applying to extend your stay and already hold leave as a PBS dependant).
• Not be married, in a civil partnership, or living independently.
• Not intend to stay in the UK beyond the PBS migrant’s period of leave.
• Have both parents legally present in the UK or applying at the same time—unless:
  • The PBS migrant is your only surviving parent;
  • The PBS migrant has sole responsibility for your upbringing;
  • There are serious or compelling circumstances and appropriate care arrangements have been made.
• Meet the maintenance funds requirement (unless your parent is a Tier 1 Investor)

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Additional Information

• If your application as a family member of a PBS migrant is successful, your visa duration will generally match that of the PBS migrant. If the PBS migrant holds indefinite leave to remain, you will usually receive a 3-year visa, with the option to apply for an extension to meet ILR eligibility requirements.
• If the PBS migrant changes their employer or education provider, you may stay in the UK until your current leave expires.
• Partners of PBS migrants who received leave on or after 11 January 2018 must meet a 180-day UK residency requirement when applying for ILR. This is assessed on a rolling basis rather than in fixed 12-month blocks.

Note: Children over 18 who have never held PBS dependent status, as well as other family members such as parents or grandparents, are not eligible under this visa category