Guidance - Tier 1 (General) Dependent application

[geriatrix]

Family Members


To being with, read the policy guidance. The PBS dependents policy guidance is the same for all applicants (irrespective of where one is applying from). If application is to be submitted outside the UK, see also country finder.

A child born (in the UK or outside UK) to Tier 1 (General) migrants is also a dependent, just as spouse of the migrant is. Dependent application for child requires the same documentary evidence as is required for an adult dependent applicant.

Every application is assessed on the merits of evidence(s) submitted alongwith and therefore not every application can be expected to follow the same timeline. No one but UKBA / BHC can advise you on processing time for your application - why it took so less or why it is taking so long? If application is submitted outside the UK, please see guide to visa processing times for statistical information on visa processing times or if customer service standards have been exceeded contact local BHC to enquire. If applied from within the UK, please search the forum for timelines already posted by successful applicants (tip: sticky).

[geriatrix]

Applying for entry clearance (outside the UK)

Mandatory requirements:
1. Application, submitted either online or on paper (if allowed to, that is).
2. Application fee.
3. Photograph(s).
4. Copy of personal details pages of main Tier 1 migrant passport.
5. Copy of current leave to enter / remain (vignette or BRP) of main Tier 1 migrant.
6. Proof of relationship (marriage certificate, birth certificate).
7. Evidence of maintenance funds as specified in the policy guidance.

Evidence of subsisting relationship:
When main migrant and dependent have lived apart for a significant time (e.g. - main migrant in UK and dependent in home country), evidence(s) to prove that the relationship is subsisting reduces / eliminates the risk of entry clearance application refusal for that reason. Such evidence(s) can be wide and varied, and what may be appropriate depends on personal circumstances - wedding card, wedding photographs, emails, internet chat transcripts, phone bills detailing calls, money transfer etc. (see also Dependent EC - evidence of subsisting relationship and subsisting marriage).

When the dependant is applying for entry clearance soon after the marriage (and the main migrant is also in that country) then it may be wise to provide evidence of the wedding (wedding invites, photographs etc.). If the main migrant has returned to UK and the entry clearance is being applied for after main migrant's departure, then it may be wise to provide to evidence of "subsisting relationship" (as explained above) for the time period spent apart.


Good to submit (not mandatory):
1. Cover letter from the sponsor.
2. Cover letter from the applicant (dependent)

The immigration rules (and the policy guidance) don't specify the inclusion of following documents as required but when the main migrant has been living in the UK and can provide them, it is entirely your choice if you wish to do so.
a) Evidence of adequate accommodation through tenancy agreement.
b) Evidence of income through payslips covering last 3-6 months.


Also, there may be a requirement for:
1. health screening (TB) (Appendix T) for applicants applying from some countries, and
2. Need for submitting notarised / attested copies of main migrant's passport & visa pages.
Applicants are advised to use country finder for more information and also check with local visa application centre / British High Commission regarding the same.


Applying for extension (leave to remain from inside the UK)

Mandatory requirements:
1. Application, submitted either online or on paper (if allowed to, that is).
2. Application fee.
3. Photograph(s).
4. Copy of personal details pages of main Tier 1 migrant passport.
5. Copy of current leave to enter / remain (vignette or BRP) of main Tier 1 migrant.
6. Evidence of maintenance funds as specified in the policy guidance.

Provide evidence of relationship (marriage certificate, birth certificate) with dependant(s) if the form asks for it. For UK born child applying for leave for the first time, the birth certificate must be included along with evidence of leave (copy of vignette / BRP0 of both parents.

[geriatrix]

Bank account for maintenance funds
One may open or maintain bank account(s) in any regulated bank anywhere in the world in any of the following combinations:

Adult dependent = Sole account in own name or sole account in principal migrant's name or joint account.
Child dependent = Sole account in own name or sole account in principal migrant's name or joint account with principal migrant or joint account of parents.

One may use a single bank account or use multiple bank accounts (in multiple countries) to satisfy the maintenance funds requirement.

Term deposits
Whether term deposits or similar instruments are accepted as evidence of maintenance funds must be checked with local visa application centre / British High Commission. For queries on this issue (term deposits (FDs) and similar), please post in this topic.

Maintenance funds - How much to show?
Joint application (migrant + dependant) from within UK when main migrant has been in the UK for >12 months = 945 for self + 630 for each dependant.
Joint application (migrant + dependant) from within UK when main migrant has been in the UK for <12 months = 945 for self + 1890 for each dependant.
Dependant application from outside UK (main migrant yet to arrive in UK or has been in the UK for <12 months) = 1890 for each dependent.
Dependant application from inside UK (main migrant has been in the UK for >12 months) = 630 of each dependent.
Dependant application from outside UK (main migrant has been in the UK for >12 months) = 630 of each dependent.

(e) Where the Relevant Points Based System Migrant is applying for entry clearance or leave to remain at the same time as the applicant, the amount of funds available to the applicant must be in addition to the level of funds required separately of the Relevant Points Based System Migrant.

[....]

(l) Where the application is one of a number of applications made at the same time as a partner or child of a Relevant Points Based System Migrant (as set out in paragraphs 319A and 319F) each applicant, including the Relevant Points Based System Migrant if applying at the same time, must have the total requisite funds specified in the relevant parts of appendices C and E.

which essentially means that, as per law, the principal migrant needs to show maintenance funds for himself / herself only when he is a named applicant. Conversely, if the dependant is applying for leave to enter or remain separately then there is no need to show evidence of 945 pounds (for the main migrant) in addition to the 1890/630 pounds for each dependant.

[geriatrix]

Child dependent
Child born (in the UK or outside UK) to Tier 1 (General) migrant(s) is also a dependent, just as spouse of the migrant is. Dependent application for child requires the same documentary evidence as is required for an adult dependent applicant.

Child born in the UK
If your child (319F-319J) is not travelling, then you do not need to make an immigration application for leave to remain for her/him (Section 4a - Children born in the United Kingdom who are not British Citizens and Annex P - General guidance).

1. INTRODUCTION
This section relates to children born in the United Kingdom on or after 1 January 1983 who are not British citizens because, at the time of their birth, neither of their parents was a British citizen or settled here. Such children do not have the right of abode and are subject to immigration control. They are not here unlawfully, however, and are not required to apply for leave to remain (see ANNEX P, paragraph 11 if further guidance is required on this point)...

You may wait and include her/him in your extension or settlement applications; or immediately after a parent is granted settlement, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

Else, if the child intends to travel:
a) to a country other than country of citizenship, then you need to apply for leave to remain as PBS dependentfor the child before the child travels outside UK, or
b) if the child is travelling to country of citizenship, then you may either apply for leave to remain as PBS dependent for the child before the child travels outside UK or apply for leave to enter (entry clearance) as PBS dependent from home country / country of citizenship before returning to the UK.

Application form (infant / child)
Imagine that the child is physically holding the pen and writing. The only exception to that is that either parent / legal guardian need to sign the form using his/her normal signature.
When child was born in the UK, common sense suggests that "child born in the UK" and / or "Not applicable" are appropriate answers to questions on the form (e.g. - entry clearance, reference number, port of entry, etc. etc.) that you are unable to answer.
When applying for leave to enter / remain as dependant of PBS migrant for a child please include passport & visa copies of both the father and mother.

[geriatrix]

New English language testing for partners, effective since 29-Nov-10, is not a requirement for spouse / partner of Tier 1 (General) or PBS migrants.

Any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of our approved test providers.

The new English requirement does not apply to the following groups of applicants:

- spouse or partner of Tier 1 and Tier 2 visa applicants
- spouse or partner of a student
- visitors
- refugees or spouses of refugees applying on the basis of family reunion
- dependent children
- spouse or partner of an EEA national
- spouse or partner of a member of the armed forces applying under Part 7 of the Immigration Rules
- applicants for indefinite leave to remain

See also Information for applicants on the new English language requirement for partners.


regards

[geriatrix]

what is the difference between cover letter and sponsorship letter.

A cover letter, not mandatory, is one from the applicant (dependent) that outlines what the application is for (immigration category) and (if one wishes to state) the evidence(s) included to support the EC application. One may also include other details / explanations according to their individual circumstances.

The "sponsorship letter", as people seem to refer to it, is a "letter of support" from the Tier 1 (General) migrant stating that you wish to support the EC application of your dependent(s) and are, as required by the rules / guidance, providing the necessary documentary evidence(s) from your end.

To submit either of these letter is a personal choice.


regards

[geriatrix]

Switching
Switching means making an in-country application to change immigration categories.

From 1 Oct 2013, dependants who are in the UK under a different immigration category may apply for leave to remain as a PBS dependant from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements.

See Vinny's post below for details.


Extension
An extension application is a leave to remain application to "extend" stay in the UK under the same immigration category.
One cannot apply for leave to remain (extension) from outside the UK. One can only apply for leave to enter (entry clearance) from outside the UK.

[geriatrix]

The changes in immigration rules introduced on 09-Jul-12 do not affect entry clearance requirements for dependant(s) of Tier 1 (General) or any other PBS migrant. Likewise, existing dependant(s) can continue to "extend" their stay in the UK as dependant(s) of PBS migrant.

The only change, amongst those being introduced from 09-Jul-12, relevant to a (spouse / partner) dependant of PBS migrant is that the the qualifying residential period for settlement for those applying for entry clearance as a PBS dependant on / after 09-Jul-12 will increase to 5 years (from the current 2 years) and those 5 years must be lived in the UK as the dependant/spouse/partner of the same principal PBS migrant.

[vinny]

Changes on 1 Oct 2013.