We have asked the Home Office to correct the following errors in the PBS (Dependant) policy guidance of 1 October 2013:
- Paragraph 34 has not been updated in line with the Immigration Rules changes of 1 October to paragraphs 319C(h) and 319H(h) of the Rules that allow switching for the dependants of postgraduate, government-sponsored students and doctorate extension scheme applicants and migrants who meet all other relevant requirements, unless the dependant has leave as a ‘visitor’ as defined in paragraph 6, is on temporary admission or temporary release. Paragraph 31 refers to this for the dependants of Tier 1, Tier 2 and Tier 5 migrants but the change also applies to the dependants of Tier 4 migrants described in paragraphs 33(i), 33(ii) and 33(iii) of the policy guidance.
- Paragraph 34 of the guidance still refers to the provision for babies born in the UK (paragraph 319H(j) of the Immigration Rules) under the heading of “To apply in the UK” when this provision is for entry clearance only. It also implies that this is the only paragraph of the PBS Dependant Rules under which babies born in the UK can apply when they can apply under any of the other Tier 4 dependant categories and paragraph 319H(j) of the Rules itself states that this provision is only for those who do not fall within one of the other main groups defined in paragraph 319H(i) of the Rules.
- Paragraph 4 still states that Tier 4 dependants must apply using a paper form, which as previously explained in our email of 7 August is not possible unless the applicant is using the super premium service or is applying at the same time as a Tier 4 migrant and 10 other dependants.
- Paragraph 69 still fails to include the doctorate extension scheme in the definition of established presence, as mentioned in our email of 7 August.
If you are applying as a Tier 4 dependant or advising Tier 4 dependants, see instead the Immigration Rules and the modernised guidance on PBS dependants that Home Office caseworkers should follow.