The PBS Migrant Visa category allows spouses and children of migrants in the points-based system to come and stay in the UK with their family member. In order to be eligible for this category, you must have a familial relationship with a PBS migrant, such as being their spouse, civil partner, unmarried partner, same-sex partner, or kid (under the age of 18 at the time of initial application).

Requirements for a Family Member of a PBS Migrant visa

In order to qualify for entry clearance or leave to remain as the partner of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

• You are over the age of 18;
• You are the spouse, civil partner, unmarried partner or same sex partner of a person who has leave as a PBS migrant, is being granted leave at the same time as a PBS migrant or, if applying for an extension of stay, your partner has ILR as a PBS migrant or has obtained British citizenship after having ILR as PBS migrant;
• If you are the unmarried or same-sex partner of a PBS migrant, you have been living in a relationship similar to marriage or civil partnership for a period of at least 2 years;
• Your relationship with the PBS migrant is subsisting and you intend to live together throughout the PBS migrant’s stay in the UK;
• You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
• You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant);
• If applying for leave to remain, you were not last granted entry clearance or leave as a visitor, short-term student, temporary admission or temporary release;
• If over 18 and seeking entry as a partner of a Tier 1 Investor or Tier 1 Entrepreneur, you have provided a criminal record certificate from the relevant authority in any country in which you have been present for 12 months or more in the past 10 years while aged 18 or over.

To be granted entry clearance or leave to remain as the child of a PBS migrant, you will need to satisfy UK Visas and Immigration that:

• You are the child of a person who has leave as a PBS migrant, is being granted leave (including ILR) at the same time as a PBS migrant, or has indefinite leave to remain or British citizenship and who was last granted ILR under the rules relating to Tier 1, 2 or 5;
• You are under the age of 18 on the date of application, unless you are applying for leave to remain and were last granted leave as the child of a PBS migrant or the child of a migrant granted leave under a different category of the rules who has since been granted leave as a PBS migrant or who is applying for leave as a PBS migrant at the same time;
• You are not married or in a civil partnership, have not formed an independent family unit and are not leading an independent life;
• You do not intend to stay in the UK beyond any period of leave granted to the PBS migrant;
• Both of your parents are lawfully present in the UK or being granted entry clearance or leave to remain at the same time, unless:
  • the PBS migrant is your sole surviving parent;
  • the PBS migrant has and has had sole responsibility for your upbringing;
  • there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for your care in the UK;
• You satisfy a maintenance funds requirement (unless the PBS migrant is a Tier 1 Investor migrant)

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

What else do I need to know about the Family Member of a PBS Migrant visa?

If your application for a Family Member of a PBS Migrant visa is approved, you will often be given permission to stay in the country until the same day that the PBS migrant's permission to stay expires. If the PBS migrant has been given indefinite leave to remain, you will be given a three-year period of leave. If necessary, you can submit an application for further leave, which will extend your stay until you reach the needed term to be eligible for indefinite permission to remain.

PBS dependants are allowed to stay in the UK until the expiration of their current PBS dependent leave if the primary migrant switches employers or educational institutions.

Partners of PBS migrants who have been granted leave since 11 January 2018 will be required to meet a residency requirement of 180 days when seeking for indefinite leave to remain. The Home Office will evaluate periods of absence from the UK continuously, rather than at distinct consecutive 12-month intervals.

Individuals who are 18 years old or older and have not been previously authorised to stay as a family member of a Points-Based System (PBS) migrant are ineligible to receive permission to stay in this particular category. Likewise, individuals such as parents or grandparents are not eligible to apply under this category.