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Tier 1 Visa: settlement for dependants

07 July 2010

This article is written to highlight some of the issues relating to the dependant (family members) of migrants under the category of the Points Based Scheme (PBS). Applicants who have been granted leave to enter or remain under the PBS are entitled to be accompanied and sponsor their close family members.

The UK Border Agency considers as "close" family members the applicant's spouse, civil or unmarried partner as well their children under the age of 18 who are not married or leading an independent family life.

Dependants will be granted leave to enter or remain in line with the main applicant. However, they will also be able to apply for settlement.  In this case, the dependant and the main PBS Migrant will need to show inter alia that they have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.  If they do not meet this requirement, they will be able to apply for further limited leave as the spouse, civil partner or unmarried/same sex partner of a person present and settled in the UK, and will be able to count the earlier time they spent living here with the Tier 1 (General) migrant towards the two year “probationary” period they need to serve in that category before being eligible for settlement in their own right.

Please note that the 2 year residence requirement does not apply to children and they shall be able to qualify for settlement at the same time as the main applicant.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.