Who Qualifies as a Child Dependant?
In order to apply for leave to remain as the child dependant of the PBS visa holder(main applicant), the child must be under 18 on the date of their application. If they are aged 18 or over, they must have, or have last been granted, leave as a dependant of the main applicant or someone applying at the same time for leave as a main applicant e.g. other parent that is the spouse/partner of the main applicant.
A child dependant applicant would not qualify if it is deemed that they are either:
- married or in a civil partnership
- have formed an independent family unit; or
- are living an independent life
Additionally in order for the child dependant to qualify, one the following must be satisfied: -
- both of the applicant’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 applicant;
- 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 applicant,
Exceptions
The following comprise of exceptional circumstances where a child dependant application can still be made with only one parent in the UK:
- The Main Applicant is the applicant’s sole surviving parent,
- The Main Applicant is the parent that has and has had sole responsibility for the applicant’s 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 in the UK for the applicant’s care.
Maintenance Requirement
Dependants must be able to show that they can be supported while they are in the UK.
Family Members of Tier 2 Migrants, Tier 5, Innovators and Startup Visa Holders
Each dependant must have £630 available to them whether they apply with the main applicant or separately. This must have been held for 3 months prior to the date of application. Note that this is in addition to the £945 the main applicant must have to support themselves.
Exceptions for proving savings of the dependant are:
- The Tier 2 Migrant has an 'A rated' sponsor, or a Certificate of Sponsorship (COS) stating their sponsor will provide each of their dependants at least £630 to cover their costs for a month should they need it.
- The Tier 5 holder has an 'A-rated' sponsor certifying that, should it become necessary, they will maintain and
- accommodate the family member for a month.
- The Innovator/Start-up holder's endorsement letter confirms the they have sufficient funds for both themselves and their dependants
Family Members of Tier 4 (General) Student
For family members of a Tier 4 (General) Student, their maintenance requirements will depend on the following circumstances:
- the length of the Tier 4 (General) student’s leave;
- where the Tier 4 (General) student will be studying in the United Kingdom; and
- whether the Tier 4 (General) migrant is on or applying for the Doctorate Extension Scheme.
If the Tier 4 holder is studying on a course based in London the dependant must have at least £845 per month to support themselves. If outside of London, they require at least £680 per month to support themselves.