High net worth business, work and study visa applications are considered under the points based system of the Immigration Rules. Family members of points based system migrants may be able to apply with or to join their family member in the UK under the points based system dependant visa category. Points based system dependants will need to meet the necessary Home Office requirements and provide essential documents, which can be challenging, therefore our team of specialist business immigration experts can schedule a consultation to discuss this further.
Who can apply as a Points Based System Dependant?
Family members of Tier 1, Tier 2, Tier 4 and Tier 5 migrants may be able to apply for a Points Based System Dependant Visa, either at the same time as the main points based system applicant or to join them in the UK after. ‘Family members’ in respect of Tier 1, Tier 2 and Tier 5 migrants can be the spouse, civil partner, unmarried or same-sex partner and child of the main applicant.
Partners of Tier 1, Tier 2 and Tier 5 Migrants:
Partners applying at the same time as the main points based system migrant will be granted leave in the UK for the same amount of time as the main applicant. If the partner dependant is applying to join their family member in the UK who has indefinite leave to remain or British citizenship through their previous status as a points based system migrant, then the dependant will be granted 3 years leave in the UK. They will then need to apply for an extension, after which they themselves could be eligible for settlement.
Children of Tier 1, Tier 2 and Tier 5 Migrants:
For child dependants of points based system migrants under the Tier 1, Tier 2 and Tier 5 categories, the following criterion applies:
- both of the child’s parents must either be lawfully present (other than as a visitor) in the UK; or
- being granted entry clearance or leave to remain (other than as a visitor) at the same time as the child; or
- one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the child, unless:
i. The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
ii. The Relevant Points Based System Migrant parent has and has had sole responsibility for the child’s upbringing; or
iii. 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 in the UK for the child’s care.
For child dependants, they will either be granted leave for the same amount of time as the parent whose leave expires first or where both parents have been granted indefinite leave to remain or British citizenship, then the child dependant will be granted 3 years leave to remain.
What are the main requirements for a Points Based System Dependant Visa application?
The main requirement that all points based system dependant visa applicants will need to demonstrate is their relationship to the main points based system migrant. The relationship must be genuine and subsisting and substantial documentary evidence is needed in order to adequately convey this to the Home Office. In regard to unmarried partners, similar to Appendix FM for Unmarried Partner applications, Applicants will need to demonstrate 2 years cohabitation in a relationship akin to marriage. There are also other requirements all partners and other dependants must satisfy:
Maintenance – Points based system dependants must be able to show that they can support and accommodate themselves in the UK without recourse to public funds. Depending on which points based system category the migrant is applying under, the specified amount of money required to be held in their bank account will vary;
English language – If the main points based system migrant is required to satisfy the English language requirement, then so will any dependants. This is either through a degree taught in English at the relevant level, passing a Home Office approved English language test at the required level or being a national of a majority English speaking country as listed on the Home Office website.
Children must be under the age of 18 at the date of the points based system dependant visa application being submitted. Children must also not be leading independent lives or formed an independent family unit.
Using Legal Representation to submit a Points Based System Dependant Visa Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Points Based System Dependant Visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Points Based System Dependant Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.