PBS Migrants Frequently Asked Questions

I Don’t Qualify For Indefinite Leave To Remain The Same Time As My Partner
Migrant partners have struggled since the July 2012 spouse visa rule change. ILR was previously available after two years in the UK. PBS Dependents must stay in the UK for five years. The main applicant usually stays in the UK for a year to save money to bring their family and set up. Thus, their family members will not meet the 5-year residency requirement simultaneously.

What If I Don’t Qualify for PBS Dependent ILR?
The dependents must extend as PBS Dependents if the main applicant qualifies for ILR but not the dependents. Each dependent needs a 90-day maintenance fund. Even if the main applicant has ILR or British citizenship, if they do not qualify for ILR, they must extend under PBS dependent. The Home Office now expects you to stay under PBS migrant rules and not switch to FLRM and apply for settlement through SETM.

Can My PBS Dependent Spouse Or Partner Work In The UK?
With a PBS dependent visa, your spouse can usually work in the UK. This provides income for your family. While working as a Main PBS migrant, your partner can study in the UK. Your children can attend school for free but cannot work. PBS dependents are not permitted to work if their visa is less than six months. For safety, check your visa conditions.

I pay NI. Should My Family Pay the Immigration Health Surcharge?
Sadly, yes. Even if they never use it, the government wants migrants to contribute more to the NHS and primary care. Students pay £150 upfront for IHS, while other migrants pay £200. Tier 2 migrant IHS fees are £600 for a 3-year visa. Visa applications without fees are rejected.

Should My Partner Take an English Test?
PBS migrants’ partners don’t need English language tests. However, this may change. PBS Dependents applying for ILR must take an English test or show NARIC that their overseas degree is equivalent to a UK Bachelor degree and taught in English.

Can I Change My PBS Dependent Visa to Tier 2 in the UK?
If you have a PBS dependent visa in the UK, return home to apply for a Tier 1 Entrepreneur, Tier 2 General, or Tier 4 Student visa if you have a PBS Dependent visa in the UK.

Your family may stay in the UK and become your dependents when you return.

Need Dependent Maintenance Funds?
You must prove 90-day maintenance funds for each dependent. If the main applicant is foreign or has been in the UK for less than 12 months, the amount is higher. To avoid dropping below the 90-day minimum, keep the funds in a separate savings account.

Contact me now:

My name is Atty Lindoven Magsino, BSc, MBA, GDL, LLM, Ph.D. (candidate). I am a Partner & Solicitor /Lawyer and an advocate at Queen’s Park Solicitors. Our main office is located at Suite 4, Stewart House (formerly Glenny House), 56 Longbridge Road, Barking, Essex, England, IG11 8RT, United Kingdom |Telephone: 02036437508 | Email: donm@queensparksolicitors.co.uk | http://www.queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA): 566513

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