How does the Points-Based System (PBS) for dependents in the UK work? While the primary focus is on the main applicant meeting specific criteria, the system also recognizes the importance of unity through the PBS Dependant visa route. So what is the PBS for dependents visa and how does it work? In this article we’ll look at some common questions and what the PBS Dependent route means to you.
Are you a PBS dependent?
The definition of a dependent under the PBS is specific and generally includes the following.
- Spouse or legally married: You and your spouse/partner should be in a legally recognized marriage or civil partnership. Documentation proof such as a marriage certificate that validates your union will be required to be produced at the time of lodging your application.
- Unmarried partner: Unmarried partners will have to prove that they have maintained and lived in a relationship for at least a minimum of two years. Evidence of this relationship, such as joint bank statements, tenancy agreements, and even shared utility bills will ideally be documentational proof.
- Children under the age of 18: Unmarried children of the main visa holder can apply under this category as PBS dependents. However, at the time of the initial application, the child must be below the age of 18 years.
- Children over 18: If your child is over 18, he/she may be eligible to apply if they had previously lived in the UK as a dependent when they were under the age of 18.
Key points for PBS for dependants
Unlike the main PBS routes where points are awarded for specific attributes such as skills and qualifications, the dependent route focuses on the relationship with the main applicant, and the ability to be maintained without posing a burden to public funds.
Another key important factor to keep in mind is, there are no points awarded to the dependent. However, the main applicant’s visa category and his/her financial strength directly influence the dependant’s eligibility and the visa requirements they must meet.
Requirements for dependant visas
While specific requirements can vary slightly depending on the main applicant’s visa category, the core elements remain more or less the same.
- Genuine and subsisting (active) relationship: Home Office places significant emphasis on ensuring the relationship is genuine, and is ongoing with an intention to be permanent. Evidence of a shared life, commitment, and ongoing contact needs to be proven.
- Financial requirements (maintenance funds): An important aspect of the PBS dependent visa is demonstrating that the dependent can be adequately maintained in the UK without relying on public funds. The main applicant needs to show he/she has sufficient funding to support the dependent. As the sponsor, how much would you need to show? Depending on the type of visa, this can vary. Click here to navigate to the home office website that provides guidance on the financial requirements for a sponsor. You will not be required to show proof of funds if you have been living in the UK for 12 or more months at the time of lodging the application.
- Accommodation: There must be proper and adequate accommodation for the dependent and the entire family without relying on public funds.
- Age requirement for children: As mentioned above, children must be under 18 at the time of the initial application.
- Immigration history: Dependants must not have a history of breaching immigration laws or any unspent criminal convictions that could make their entry or stay undesirable.
The application process
While the application process may differ according to each individual, the process generally involves the following steps.
- Completing the online application form: Dependents will need to fill out their own specific visa application form on the UK government’s website. Since the website provides extensive information, reading it carefully and selecting the appropriate visa type is vital. As the sponsor, you may also need to provide your application number and some details as requested.
- The visa application fee: A separate application fee is required for each dependant.
- The immigration health surcharge (IHS): Most dependents need to pay the IHS, which grants them access to the UK’s National Health Service (NHS). The amount depends on the length of the visa which is usually a 3 to 5 year period. Not paying the IHS fee could result in your application being rejected.
- Supporting documents: A range of documents is required to prove the relationship, financial stability, and other eligibility criteria. This includes marriage/civil partnership certificates, birth certificates, proof of cohabitation (if applicable), bank statements, and passport copies.
- Biometrics: Applicants will need to enroll their biometrics (fingerprints and photograph) at a visa application center.
Conclusion
The PBS for dependents is ideal when it comes to facilitating family unity while ensuring that dependents can be supported without burdening public funds.
While it doesn’t involve a points-based assessment for the dependents themselves, the eligibility is linked to the main applicant’s status and their ability to meet specific financial and relationship requirements.
Understanding these rules and preparing the necessary documentation thoroughly is essential when lodging and hoping for a successful dependent visa application.
You may want to seek legal advice from an immigration professional such as BVS Legal. Their trusted guidance can be beneficial to get through the complexities of the system and ensure your application for the PBS dependent route is in compliance with all the requirements
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Disclaimer: The information provided in this blog is intended for general knowledge and informational purposes only, and does not constitute of legal advice.