Q&As

If the main applicant is switching from points-based system (PBS) dependent to Skilled Worker, can the dependent child continue on its existing biometric residence permit when the other parent is still in the UK with permission in a PBS category and are still living together?

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Published on LexisPSL on 08/04/2021

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • If the main applicant is switching from points-based system (PBS) dependent to Skilled Worker, can the dependent child continue on its existing biometric residence permit when the other parent is still in the UK with permission in a PBS category and are still living together?

The points-based system (PBS) dependent child currently has leave as a child of a relevant PBS migrant, under the Immigration Rules, Part 8, paras 319F–319 as at the time their leave was granted. At the time of their last application, both parents must have been lawfully in the UK (other than a visitor).

It is not certain from the question whether the intention is for the other parent (currently the relevant PBS migrant) to remain a ‘main applicant’ in their own right, or if they are switching to being a partner dependent of the parent who is switching to become a Skilled Worker. If the relevant PBS migrant parent is remaining in their own category, then the child will still be the child of a relevant PBS migrant and can remain on their current le

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