The immigration rules allows migrant to come and work in the UK, however they are not all part of the point based system. Although these categories are limited, dependants must make sure they apply under the correct immigration framework to avoid a visa refusal.
Some of the categories that are referred as non-based point migrant visas such as work permit, highly skilled migrant visas, representative of overseas businesses, domestic worker visa and UK ancestry visas are some of the named categories.
Both partners and children are able to apply for a visa to join their family member in the UK. For you to apply as a partner, you must be legally married to the migrant or if they are un-married partners, must be living together akin to marriage 2 years prior to the date of application. Evidence of your relationship would be required, and the immigration rules are flexible in terms of evidences you can use to lodge the application.
In reference to a child joining their parents in the UK, both parents must be present in the UK or intention to relocate. If one parent holds sole parental rights, evidences must be provided or if there are serious & compelling grounds, this would need to be placed forward.
In terms of meeting the financial adequacy requirements, this is based on the number of dependants joining the migrant in the UK. There must be adequate accommodation for the migrant and their dependants in the UK.
How to apply for the Non-PBS Dependants Visa
The visa application is required to be applied online as part of the new digital transformation process. You will be able to pay the visa fees and also the immigration health surcharge as part of the costs.
Following the payment, you would be able to book the visa centre appointment and will need to make the submission both in person & online.
Decisions on these non-PBS Dependant visas take around 8 weeks however this depends on the country of application as well as the date of application. You can also purchase a priority visa service to expedite your application.
Once the visa is granted, there will be certain conditions attached to the visa. You will not be able to access the public funds, and no employment as a professional sportsperson. Further to this, you cannot be employed as a Doctor or Dentist in training unless you meet the exception policy. Finally, you may be able to study in the UK however will need to request permission prior engaging a study program unless this meets the exception policy.
Non-PBS Dependants to meet the financial adequacy requirements
Whilst there are no set requirements of the financial test, you will need to prove that you can support yourself when you come to the UK. The adequate financial requirements will depend on being above the income support rate.
There are exception policies applied for the maintenance requirements; however these changes over time and you will need to check this prior to the application being lodged.
If Non-PBS Dependant Visa is refused
Where the non-PBS Dependant visa is refused, there will be a right to challenge against the decision. The purpose of challenging the decision is to identify case working errors made by the Home Office.
Paragraph 322 of the immigration rules is a common ground of refusal however this alone are not the sole reasons of refusal. A person’s good character and whether they meet the public interest arguments are now part of all immigration application.
If you have been refused your non- PBS dependant visa, you can email us a copy of the decision to info@icslegal.com or you can call us on 0207 237 3388 to discuss the refusal. We will check on the grounds of refusal and will advise you whether there are merits to challenge the decision or re-apply for the visa.
Indefinite leave to remain as a Non-PBS Dependant
Once you have completed 5 years period of residency, you will be eligible to apply for indefinite leave to remain. There are separate requirements for partners and children when applying for indefinite leave to remain.
In all immigration application, when applying for indefinite leave to remain, you need to demonstrate that you do not fall for refusal under general grounds of refusal.
First of all, as a partner of a non-PBS migrant, you must demonstrate that you and the non-PBS migrant are in a genuine and subsisting relationship. You will need to provide evidences that you and your partner have lived together during the last 5 years period & have the intention to live together permanently as husband & wife in the UK.
Further to this, the knowledge of life requirements would need to be met unless you meet some of the exemption requirements. In addition to this, you will need to prove that in the last 5 years, absences does not exceed more than 180 days in each of the 12 months during the qualifying periods. When applying for indefinite leave to remain, you must not fall for refusal under general grounds of refusal.
Now moving to a child dependant applying for indefinite leave to remain, the child would be applying for settled status either at the same time as the non-PBS migrant or when both parents are settled in the UK. For example, if one the parent is settled i.e. the non-PBS migrant but not the other parent as they have not completed their 5 years residency, the child cannot apply until he or she applies with that parent at the same time for their indefinite leave to remain.
Where the child is aged 18 years and over at the date of the indefinite leave to remain application, the knowledge of life requirements must be met. If the child is aged over 16 years at the date of application, evidences of their financial dependency and that they live at the same household are required to be evident at the date of application.
In all cases, the non-PBS Dependant must demonstrate that they have adequate accommodation and meet the financial adequacy test at the date of application.
Taking legal advice on the Non-PBS Dependant Visa
We at ICS Legal will provide guidance and correct advice on how to apply for the non-PBS Dependant visa. The visa requirements will need to be met at the date of application to avoid a visa refusal.
You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com.
