A Complete Guide to the UK PBS Dependant Visa and Settlement for PBS Dependents

The UK's Points-Based System (PBS) Dependant Visa allows family members of individuals who hold visas under the PBS to join or stay with them in the UK. This visa is particularly crucial for spouses, partners, and children of PBS visa holders, such as skilled workers, students, and innovators. In this article, we’ll explore the key aspects of the PBS Dependant Visa and the path to UK settlement for PBS dependents.

What is the PBS Dependant Visa?

The PBS Dependant Visa is designed for family members (spouses, civil partners, unmarried partners, and children) of individuals who are already in the UK under the Points-Based System. The PBS visa categories include Skilled Worker visas, Tier 1 visas, Student visas, and others. Dependants on this visa can live and work in the UK and may eventually qualify for indefinite leave to remain (ILR), leading to permanent settlement.

Eligibility for the PBS Dependant Visa

To apply for a PBS Dependant Visa, the applicant must be a family member of a PBS visa holder. The specific family members eligible include:

1. Spouse or Civil Partner: The applicant must be married to or in a civil partnership with the PBS visa holder.
2. Unmarried Partner: The applicant must prove they’ve been in a genuine relationship with the PBS visa holder for at least two years.
3. Children Under 18: Dependent children under 18 years old can also apply. In some cases, children over 18 who are already in the UK as dependants may qualify.

Application Process for PBS Dependant Visa

The process for applying for a PBS Dependant Visa involves the following steps:

1. Online Application: Applicants must fill out the online application form through the UK government website. This form varies depending on the visa type held by the main visa holder.
2. Supporting Documents: Dependants will need to submit documents proving their relationship with the PBS visa holder. These include marriage certificates for spouses, civil partnership documents, or evidence of cohabitation for unmarried partners.
3. Financial Requirements: PBS visa holders must demonstrate that they can financially support their dependants in the UK. This includes showing proof of savings and income that meet the UK Home Office requirements.
4. Biometric Information: Applicants will need to provide biometric information (fingerprints and photographs) as part of the application process.

Key Features of the PBS Dependant Visa

• Work and Study: Dependants can work in most jobs and undertake studies while in the UK on a PBS Dependant Visa.
• No Recourse to Public Funds: PBS dependants are not eligible for public funds such as benefits. However, they may access certain public services such as healthcare.
• Stay Duration: The length of the visa typically matches the main PBS visa holder’s stay. Dependants can apply for an extension as long as the PBS visa holder remains in the UK legally.

PBS Department Visa – Clarifying the Term

The term "PBS Department Visa" is often mistakenly used to refer to the PBS Dependant Visa, which allows family members of PBS visa holders to join them in the UK. It is essential to differentiate between these terms, as "Department Visa" is not an official visa category. When applying for the visa, be sure to use the correct title: PBS Dependant Visa.

UK Settlement for PBS Dependents

PBS dependants may eventually apply for indefinite leave to remain (ILR), also known as settlement in the UK. This is the pathway for dependants to remain in the UK permanently. The requirements for PBS dependents to obtain settlement include:

1. Continuous Residence: PBS dependants must have lived in the UK for a continuous period, typically five years, to qualify for ILR. This time must coincide with the continuous residence of the main PBS visa holder.
2. Knowledge of Life in the UK: Applicants for settlement must pass the Life in the UK test, which assesses their knowledge of UK history, culture, and laws.
3. English Language Requirement: PBS dependants need to prove proficiency in English to apply for settlement unless exempt due to age or other reasons.

Benefits of UK Settlement for PBS Dependants

1. Permanent Residency: Upon receiving ILR, dependants can stay in the UK indefinitely without restrictions on work or study.
2. Access to Public Funds: Settled dependants gain access to public funds, including benefits, which are not available on a PBS Dependant Visa.
3. Path to Citizenship: After 12 months of holding ILR, PBS dependants may be eligible to apply for British citizenship, subject to meeting other criteria.

Conclusion

The PBS Dependant Visa offers a valuable opportunity for family members of Points-Based System visa holders to live and work in the UK. This visa provides a pathway to permanent residency through UK settlement for PBS dependants, granting them the security of indefinite leave to remain and, eventually, British citizenship. By ensuring all eligibility criteria are met and understanding the application process, dependants can enjoy a fulfilling life in the UK alongside their family members.