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

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

  • Children of Points-Based System and Appendix W migrants
  • General eligibility criteria
  • Further leave to remain applications where a PBS or Appendix W child dependant is not eligible for indefinite leave to remain
  • Additional criteria for children of Tier 4 (General) students
  • Who is a 'parent'?
  • Entry clearance
  • Academic Technology Approval Scheme (ATAS) clearance certificate condition
  • General grounds for refusal
  • Duration and conditions of leave
  • Additional work restrictions on children of Tier 4 (General) students
  • More...

STOP PRESS NOTICE: This Practice Note is being updated to reflect changes to the Immigration Rules in relation to children of Students from 5 October 2020, following HC 707; and then to children of work migrants in other categories further to HC 813. For further information on these changes, see: LNB News 10/09/2020 99, LNB News 22/10/2020 80 and Practice Note: The post-Brexit immigration system: what will it look like?

Eligible children of ‘relevant Points-Based System migrants’ (relevant PBS migrants), or of an Appendix W migrant are able to accompany or join their parent in the UK and extend their stay in that capacity under the Immigration Rules, Part 8 paras 319F to 319J.

Relevant PBS migrants are defined as persons granted leave as:

  1. Tier 1

  2. Tier 2

  3. Tier 4 (General), and

  4. Tier 5 (Temporary Worker)

The Statement of changes in Immigration Rules: HC 1919 introduced, on the 29 March 2019, a new Appendix into the Immigration Rules: the Immigration Rules, Appendix W. This took in, at that time, the Innovator and Start-up categories. At the same time, the existing Immigration Rules for children of PBS migrants in the Immigration Rules, Part 8 were extended to those of Appendix W migrants.

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

A child of

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