Q&As

What potential pitfalls are there with the Points-based System (PBS) dependants of a Tier 4 (General) migrant seeking to extend their stay in the UK as the dependants of a Tier 2 migrant in circumstances where their Tier 4 (General) migrant family member departs the UK and returns with fresh entry clearance under Tier 2?

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Published on LexisPSL on 22/05/2018

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

  • What potential pitfalls are there with the Points-based System (PBS) dependants of a Tier 4 (General) migrant seeking to extend their stay in the UK as the dependants of a Tier 2 migrant in circumstances where their Tier 4 (General) migrant family member departs the UK and returns with fresh entry clearance under Tier 2?

Although the dependants of PBS migrants are only required to remain the dependants of a ‘relevant points based system migrant’, which is defined in the Immigration Rules, Part 8, para 319AA as ‘a migrant granted to (sic) leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant’, they may wish to extend their stay where the PBS migrant changes relevant Tiers. This may be the case for example where doing so would change their conditions of leave (ie in the case of Tier 4 (General) dependants with a work prohibition) or where the PBS migrant’s leave is longer than the dependants’ and they wish to extend theirs in line.

As noted in Practice Note: Dealing with curtailment and cancellation, the Secretary of State for th

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