Dependant Leave is granted to eligible family members of migrants who have been granted, or are applying for, permission under specific economic migration routes. This provision enables spouses, civil partners, unmarried partners, and dependant children to accompany or join the primary applicant (referred to as the ‘lead applicant’) in the UK.
The specific requirements and conditions for PBS dependants are delineated within the relevant appendices of the Immigration Rules and policies, ensuring that family unity can be maintained for those contributing to the UK economy and society through various skilled and talent-based routes.
Eligible PBS Routes for Lead Applicants
Dependant applications are permissible where the lead applicant is applying for, holds permission to stay, or has settled on the basis of holding permission in one of the following routes, as referenced in the Immigration Rules:
Eligible Dependant Categories
The following individuals may apply for permission to enter or remain in the UK as a dependant of a lead applicant who holds, or is applying for, permission under one of the specified routes outlined above:
Ineligible Dependant Categories
Certain individuals are not eligible to apply as PBS dependants:
In circumstances where compelling and compassionate factors are raised on behalf of a dependant who does not meet the standard requirements for entry clearance, permission, or settlement as a partner or child of a lead applicant, consideration may be given to such applications outside the Immigration Rules.
Relationship Requirements for Partners
Genuine and Subsisting Relationship
Applicants must demonstrate that their relationship with the lead applicant is genuine and subsisting. There is no prescriptive list of required evidence; rather, the decision-maker must be satisfied, on the balance of probabilities, that the relationship meets this criterion. While extensive documentation is not always necessary, evidence of cohabitation over time, such as shared financial responsibilities and household bills for at least the preceding 12 months, can strengthen the claim. It is imperative that decision-makers exercise cultural awareness, recognising that relationships may form, develop, and subsist differently across various cultures and traditions, and not solely in ways common within the UK.
If an applicant or their current partner has previously been divorced or had a civil partnership dissolved, documentary evidence of the dissolution must be provided.
Where partners are unmarried and not in a civil partnership, they must demonstrate that they have been in a relationship akin to marriage or civil partnership for at least two years prior to the date of application. This typically involves living together as a couple, demonstrating an ongoing commitment. However, in certain circumstances, a durable relationship similar to marriage or civil partnership may be evidenced even if the couple has not, or currently does not, cohabit.
Children Specific Requirements
Dependant children must be either jointly, with their dependant partner, or solely the responsibility of either the lead applicant or their partner. The definition of “parent” under the Immigration Rules is critical and has changed over time.
Children whose relationship does not meet this definition may not be eligible to apply as PBS dependants. In such cases, alternative routes, such as Appendix Adoption or other family routes, may need to be considered.
A child born in the UK who does not hold any immigration status before the lead applicant settled may apply for settlement through the lead applicant’s economic route. However, a child born after the lead applicant has settled, and who requires permission to stay, should apply through family routes.
If a dependant child has one parent in the UK whose permission will expire before the other parent’s, or one parent has settlement and the other does not, the dependant child should be granted permission aligned with the expiry date of the parent whose permission expires first, except for UK Ancestry dependants, where grants are aligned with the lead applicant.
Switching into PBS Dependant Leave
An applicant currently in the UK is generally precluded from switching into a PBS dependant route if they hold, or were last granted, permission under any of the following categories:
If a dependant holds a Student visa, they must have completed the course of study for which their Confirmation of Acceptance for Studies (CAS) was assigned before being eligible to apply to switch to a PBS dependant route. Alternatively, if the course was leading to a PhD award, they must have completed at least 24 months of that course.
Exceptional reasons may warrant allowing an individual in these circumstances to switch to a dependant route, which would be considered on a case-by-case basis outside the Immigration Rules.
Restrictions for the Care Sector and Medium Skilled Occupations
Dependant applications are generally no longer permitted where the lead applicant is a Skilled Worker sponsored as carer or senior carer unless they have held this permission under the rules in force before 11 March 2024 continuously.
Additionally, where the lead applicant is sponsored in a medium skilled job (below degree level), dependants can no longer join them in the UK unless they were sponsored under rules in force before 22 July 2025 and held permission as a Skilled Worker continuously.
Impact of Lead Migrant Changing Jobs or Switching Routes
Where a migrant has been granted permission as a dependant and the lead migrant changes job or switches to another economic route that permits dependants, the dependant’s existing permission remains valid. If the lead applicant switches to a route that does not permit dependants (e.g., a care worker role under the new restrictions), existing dependant permission will not normally be cancelled unless there are other grounds. However, upon expiry of this existing permission, dependants cannot be granted further permission if the lead applicant’s current status does not allow for dependants.
Dependant of a Sole Representative
If the lead applicant is a Sole Representative, the dependant must not hold a majority stake in, or otherwise own or control a majority of, the overseas business the lead applicant represents. This includes ownership or control through shareholding, partnership agreement, sole proprietorship, or any other arrangement.
Financial Requirements
Unless the route mandates evidence of adequate maintenance and accommodation for the applicant (e.g., Representative of an Overseas Business and UK Ancestry), the following funds must be available to support the application:
This financial requirement is waived if an applicant is applying for permission to stay and has been living in the UK with permission for 12 months or longer on the date of application.
Family members of individuals who have settled or obtained British citizenship cannot have their maintenance certified by a sponsor and must always demonstrate access to cash funds.
Criminal Record Certificate Requirement
Applicants applying for entry clearance as the partner of a Skilled Worker sponsored for a job in an occupation code typically involving healthcare and teaching professions must provide a criminal record certificate. This certificate must be obtained from the relevant authority in any country where they have been present for 12 months or more.
Conditions of PBS Dependant Leave
Individuals granted permission as a dependant partner or child are subject to the following conditions:
Lead Applicant with Settlement or British Citizenship
If the lead applicant has obtained settlement or British citizenship, permission to stay for their partner can be granted for:
If both of a child’s parents have obtained settlement or British citizenship, permission to stay for the child can be granted for:
Settlement for PBS Dependant Partners and Children
Dependant partners seeking settlement must complete a continuous qualifying period of five years in the UK with permission as a dependant partner of the lead applicant. This qualifying period may include time spent as a spouse on family routes. Applicants must satisfy the continuous residence requirement by demonstrating they have not been absent from the UK for more than 180 days in any 12-month period. Dependant children are not subject to limits on absences for settlement purposes.
Applying as a PBS dependant involves strict requirements around eligibility, relationship evidence, financial support, and alignment with the lead applicant’s immigration status. Even small errors or missing documents can result in delays or refusals. At Distinct Law, we provide tailored advice and practical support to ensure your application is as strong as possible.
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No, PBS dependants do not have discretion on the period of leave they can request when they apply. The duration of permission granted to a PBS dependant is determined by the Immigration Rules and is typically aligned with the expiry date of the lead migrant’s permission. Even if a dependant requires a shorter period to meet specific criteria, such as settlement requirements, they are generally required to apply for, and will be granted, the full period of leave stipulated by the rules for their particular circumstances. For example, the rules specify that dependants in certain economic routes must be granted a 3-year visa if applying for extension after the lead applicant has obtained settlement. In such cases, dependants must apply for and accept a 3-year grant, regardless of whether they need a shorter period to reach settlement. This must be taken into consideration when preparing a PBS dependant application as the immigration health surcharge is calculated based on the number of years that leave will be granted.
The implications for a PBS dependant when the lead applicant changes their job or switches to a different immigration route depend on whether the new route permits dependants.
