Children of Points-Based System and Appendix W migrants
Children of Points-Based System and Appendix W migrants

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Children of Points-Based System and Appendix W migrants
  • General eligibility criteria
  • Additional criteria for children of Tier 4 (General) students
  • Option 1
  • Option 2
  • Option 3
  • Option 4
  • Option 5
  • Leave to remain for non-qualifying children born in the UK to Tier 4 (General) migrants
  • Entry clearance/leave to enter for non-qualifying children born in the UK to Tier 4 (General) migrants
  • more

Eligible children of 'relevant Points-Based System migrants' (relevant PBS migrants) are able to accompany or join their parent in the UK and extend their stay in that capacity under paras 319F to 319J of the Immigration Rules.

Relevant PBS migrants are defined as persons granted leave as:

  1. Tier 1

  2. Tier 2

  3. Tier 4 (General)

  4. Tier 5 (Temporary Worker), and

  5. Appendix W workers

Note that children of Tier 4 (General) migrants are only able to obtain dependant status in certain circumstances—as detailed below.

A child of a relevant PBS migrant must be under 18 at the time of the initial application, although they will be able to extend their stay and, if relevant, apply for indefinite leave to remain (also referred to as ILR) having turned 18 in due course (provided they are still dependent). There was previously a concession which allowed certain over-age children of work permit holders in the Intra-Company Transfer (ICT) category to accompany or join the main applicant, but this was not carried forward to Tier 2 (ICT).

The child will have to submit their own application form and supporting documents as part of the application process for entry clearance and limited leave to remain applications. The application process for indefinite leave to remain, if they are eligible, is more straightforward and all eligible dependants, other than children who are 18 or