My spouse is in the UK with a Tier 2 General PBS visa. I am currently in our home country. How Can I Apply to Join My Spouse in the UK?
A Tier 2 General Migrant with current leave to enter/remain in the UK, or who is applying for entry clearance as a Tier 2 (General) Migrant, can apply to sponsor a dependant family member/members to join them in the UK.
Under the Immigration Rules, a family dependant includes:
- The husband, wife or civil partner; or
- The unmarried or same-sex partner; or
- The child/children aged under 18 years old or
- The child/children aged over 18 years old if they are in the UK now as dependants.
What Are the Immigration Requirements?:
Some of the requirements under the Immigration Rules are that:
- the family member, (if applying as a spouse/civil partner/unmarried partner) and the Tier 2 General Migrant must be aged 18 or over on the date he/she is due to arrive in the United Kingdom;
- A dependant child of Tier 2 General Migrant must be under the age of 18 on the date of entry clearance application.
- Each dependant applicant must also show that they have £630 available to them.
- Additionally, the Sponsor must also show that they have £945 to support themselves.
- The Applicant must show proof of this by way of 3 months’ original bank statements, (that is 3 months immediately prior to the application), and that it’s been in the Sponsor’s bank account or their dependant’s bank account for at least 90 days before they apply.
Sally has been granted a Tier 2 General Migrant visa. She is currently in the UK. She wants to apply for her husband, Michael, who is currently in the US, to join her in the UK. Sally would need to show that she has a total of £1,575 for herself and Michael, (£945 for Sally and £630 for Michael), and that she has had these funds in her bank account for at least 3 months before Michael makes an application for entry clearance.
Evidence of savings is not required if the Sponsor has a:
- fully approved (‘A-rated’) sponsor
- certificate of sponsorship stating that your sponsor will give each of your dependants at least £630 to cover their costs for a month if they need it.
What if I am in the UK as a Student? And my Spouse has a Tier 2 General Migrant Visa? Can I apply as their dependant? Can I switch to that visa while I am in the UK?
The answer is yes. It is possible to switch into PBS Dependant of Tier 2 General Migrant from inside the UK unless:
- The Applicant was last granted leave to enter or remain as a visitor; or
- The Applicant is on temporary admission or temporary release.
How Long Will My Visa be Valid For?
If the application is successful, you will be given leave for the same amount of time as your Sponsor’s. For instance, if your Sponsor was granted 3 years’ leave to enter in September 2017, and this expires in September 2020, then the Dependants will also be granted leave to enter until September 2020.
- Unless Sponsor has ILR/Settlement:
An exception to this is if the Sponsor has been granted Settlement or Indefinite Leave to Remain (ILR) in the UK. In such instance, you will be given a period of 3 years’ leave to enter, which can then be extended before its expiry, as explained below.
Extension Of Stay As PBS Dependant Of Tier 2 General Migrant
If you are already in the UK on visa as a PBS dependant of a Tier 2 General Migrant, you can seek extension of stay when the Tier 2 General Migrant is either seeking extension of stay, or applying for Indefinite Leave to Remain (ILR). Certain PBS dependants of Tier 2 General Migrants cannot apply for ILR at the same time as the main applicant due to not meeting the residential requirements and therefore they have to apply for extension of stay when the Tier 2 General Migrant is applying for ILR as a Tier 2 General Migrant.
When Can I Apply for ILR/Settlement?
You can apply for ILR as a PBS dependant of Tier 2 General Migrant if you have lived in the UK for five years on PBS dependant visa and your Sponsor is either applying for ILR at the same time or has already been granted ILR as a Tier 2 General Migrant.
Why Choose Us As Your Legal Experts?
For every stage of your visa application (entry clearance, extension and settlement in the UK), we are here to help you. We know that applying for immigration papers can be a daunting and stressful task, and the Home Office fees can also be expensive.
Let us take the stress away from you by handling your case from the beginning of your application journey, until you have your visa in your hands. We also work fast, our fees are affordable, and we listen to our clients and work around your needs/specific situations. We can have your papers and applications prepared in 2-7 working days. Our number one goal is to have applications approved at the first attempt, and we have already achieved this for thousands of people, just like you.
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