The Dependant visa category is for the family members of Point Based System (PBS) and Appendix W migrants to enter and remain with them in the UK. The family members must be the spouse, civil partner, unmarried/same-sex partner, or a child (under the age of 18 years old on initial application) to qualify.
Dependant Visa Eligibility Requirements
In order to qualify for entry clearance or leave to remain as the spouse or partner of a PBS or Appendix W migrant, the applicant must be above 18 years old and satisfy the below requirements.
- Be the spouse, civil partner, unmarried partner, or same-sex partner of a person a PBS or Appendix W migrant
- Being granted leave at the same time or, if applying for an extension of stay, the partner has ILR as a PBS or Appendix W migrant or has obtained British citizenship after having ILR as PBS or Appendix W migrant
- Have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years (if applying as an unmarried partner)
- The relationship is genuine, ongoing, and subsisting, and do not intend to stay in the UK beyond the leave granted to PBS or Appendix W migrant
- Satisfy the maintenance funds requirement if applicable to the relevant category
- Meet the specified course requirement if applying as a Student Dependant
In the case of a child, the applicant must be under 18 years old at the date of the first application under this category. The child applicant also should not have formed an independent family unit and are not leading an independent life to qualify as a dependant. It is also a requirement that both parents must be awfully present in the UK or be granted entry clearance or leave to remain at the same time unless the main applicant has sole responsibility for the child’s upbringing or there are compelling circumstances.
Conditions of Leave, Extension & Settlement
Dependents of the PBS are usually permitted to work in the United Kingdom. However, unless the Tier 4 migrant is a government-supported student and the term of study is longer than six months, Tier 4 (General) student dependants will not be allowed to work while in the UK if the primary applicant’s grant of leave is for a period of study below degree level. Dependents of PBS migrants are also barred from working as professional athletes, including coaching, or as doctors or dentists in training unless they have completed a primary degree in the United Kingdom.
Family members given a Dependant visa will typically be granted leave after the PBS or Appendix W migrant’s leave expires. The applicant will be allowed a three-year extension if they extend their Dependant visa after the main applicant has been granted ILR (under the usual 5-year method). To reach the ILR qualifying term, another extension application might be submitted. When filing for settlement, the dependent partners must also meet a 180-day residency requirement. They must show proof that they have not spent more than 180 days outside the UK in any 12-month rolling period during the validity of any visa issued after January 11, 2018.