Who can switch into the PBS Dependant of Tier 4 General Student?

If you are the family member of a Tier 4 (General) student, whether or not you are permitted to switch into the PBS Dependant category, depends on the type of permission to stay that you have and type of course the Tier 4 (General) student is or will be studying.

Switching is permitted when you have previously held leave as:

  • the dependant of the lead applicant in another immigration category and the lead applicant has since been granted leave as a Tier 4 (General) migrant or is applying for leave at the same time as the lead applicant; or
  • a child born in the UK to a PBS migrant and their dependant partner. A child born in the UK to a PBS Migrant and their dependant partner must either:
    • have been born during the PBS Migrant’s most recent period of leave as a Tier 4 (General) Student or Student and their course must have been for more than six months duration; or
    • where the PBS Migrant’s most recent period of leave was to re-sit examinations or repeat a module of a course, the child must have been born during a period of leave granted for the purposes of re-sitting examinations or repeating a module of a course or during the Relevant PBS Migrant’s grant of leave for a course of more than six months, where that course is the same as the one for which the most recent grant of leave was to re-sit examinations or repeat a module; or
    • must have been born no more than three months after the expiry of that most recent grant of leave and must be applying for entry clearance.

The main applicant must also:

  • be a Government sponsored student who has or is applying for leave for a course of study that is longer than 6 months; or
  • be studying a course of study that is 12 months or more at a recognised body or a UK HEI which is at post-graduate level; or
  • have or have last had leave as a Tier 4 (General) migrant or as a Student for a course of study that more than 6 months long, and:
    • have had this leave within the 3 months immediately preceding the date of the application,
    • be applying for a course of study of more than 6 months, and
    • be applying for leave at the same time as the family member.

Tier 4 (General) students who will be studying in the UK for six months or less cannot bring their partners and/or  children (also known as dependants) to the United Kingdom with them.

Arshad Mahmood

Arshad Mahmood

UK Immigration and Human Rights law solicitor, and Managing Director at Sunrise Solicitors
Arshad Mahmood has been practising immigration and human rights law since 2003. He is a qualified solicitor of The Supreme Court of England and Wales and a Member of The Law Society of England and Wales. If you'd like a free 5-minute consultation with Arshad and his team of solicitors, please go to his website here.
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