Q&As

For the purposes of a PBS/Appendix W child dependant application, would the main applicant’s step-daughter be permitted to join him in the UK? The mother (PBS/Appendix W dependant partner) has sole responsibility for the child.

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Produced in partnership with Jocelyn Howorth of Immigration Joss
Published on LexisPSL on 22/10/2020

The following Immigration Q&A produced in partnership with Jocelyn Howorth of Immigration Joss provides comprehensive and up to date legal information covering:

  • For the purposes of a PBS/Appendix W child dependant application, would the main applicant’s step-daughter be permitted to join him in the UK? The mother (PBS/Appendix W dependant partner) has sole responsibility for the child.

For the purposes of a PBS/Appendix W child dependant application, would the main applicant’s step-daughter be permitted to join him in the UK? The mother (PBS/Appendix W dependant partner) has sole responsibility for the child.

The Immigration Rules, Introduction, para 6 defines a stepfather as ‘a parent’ only in circumstances where the child’s father is dead.

The Immigration Rules, Part 8, para 319H provides the framework for an application for a dependent child of a PBS or Appendix W migrant. One of the requirements in Immigration Rules, Part 8, para 319H(b) is that:

‘…(b) The applicant must be the child of a parent who has, or is at the same time being granted, valid entry clearance, leave to enter or remain, or indefinite leave to remain, as:

(i) a Relevant Points Based System Migrant or Appendix W Worker, or

(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.’

Where the mother of the child has leave (or is being granted leave at the same time as the dependant child) as the partner of a relevant PBS/Appendix W migrant, Immigration Rules, Part 8, para 319H(b)(ii) would apply.

However, para 319H(f) states that:

‘…(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same

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