The Adult Dependent Relative visa category is for those who wish to settle in the UK as adult dependent relatives of British citizens, persons present and settled in the UK, persons with limited leave to remain in the UK under Appendix EU or persons in the UK with refugee leave or humanitarian protection status.

Applications are granted in very limited circumstances, and in this article we will look at some of the most frequently asked questions for people who are planning to make an application in this category.

1. What Are the Eligibility Requirements for an Adult Dependent Relative Visa?

The requirements, in brief, for the Adult Dependent Relative (ADR) visa, are as follows:

• You are the parent, grandparent, brother, sister, son or daughter of a person in the UK, and both you and your sponsor are aged 18 or over. Your sponsor must be either a British citizen, present and settled in the UK (i.e. holding indefinite leave to remain or permanent residence), in the UK with limited leave under the EU Settlement Scheme (pre-settled status) or in the UK with refugee status or humanitarian protection;
• As a result of age, illness or disability, you require long-term personal care to perform everyday tasks, such as washing, dressing or cooking;
• You are unable, even with the practical and financial support of your UK-based relative, to obtain the required level of care in the country where you are living, either because the care is not available or not affordable, and there is no other person (such as a close relative, home-help, housekeeper, nurse, carer, or care or nursing home) who can reasonably provide it;
• You will be adequately maintained, accommodated and cared for in the UK by your sponsoring relative without recourse to public funds. If your sponsor is a British citizen or settled in the UK, they will need to sign a five-year undertaking to confirm this commitment;
• You have provided a valid tuberculosis (TB) test certificate, if required under the Immigration Rules for your country of residence.

2. How Is Long-Term Personal Care Proven for an Adult Dependent Relative?

As a result of age, illness or disability, you must show that you require long-term personal care to perform everyday tasks. These tasks include the ability to wash, dress and cook for yourself. This means that someone is incapable of performing such tasks for themselves.

These circumstances can arise from a recent accident for example, or from a long-term deterioration in condition.

In order to satisfy the Home Office that you meet these requirements, you may wish to instruct an expert to produce a medical report to comment on the long-term personal care you may require.

Our immigration barristers can assist you to identify a suitably qualified medical professional and then instruct the medical expert as to the issues that they should address in their report.

3. How Does the Home Office Assess Required Care for Adult Dependent Relatives?

You must prove that you are unable to obtain the required level of care in the country where you are living even with financial, and practical, support from the sponsor. This could be because either: 

1. The care you require is not available and there is no person in that country who can reasonably provide you with care; or
2. The care you require is not affordable.

The level of care required will be assessed objectively depending on your particular needs. The Entry Clearance Officer will consider what care is available and whether it is realistically accessible to you, taking into consideration external factors such as the geographical location and the cost of care. Again, evidence to show that this is the case should be provided. 

4. How Do I Prove No One Can Provide Care in My Country for an ADR?

In assessing whether there are any persons or facilities in the country where you live who can reasonably provide you with care, the Entry Clearance Officer will consider anyone who can reasonably provide the required level of care. These persons or facilities might include:

• A close family member;
• A wider family member;
• Friend or neighbour; 
• Home-help;
• Housekeeper;
• Nurse;
• Carer;
• Nursing/care homes.

If someone has more than one close family member in the country in which they are living, it will be considered whether those people could collectively provide the required level of care.

With regards to whether another person can reasonably provide care, the following may be looked at:

• The location of that person;
• Their own circumstances and commitments;
• Their willingness to provide care;
• Whether they have previously provided care;
• Cultural factors at play.

5. What Evidence Shows an Adult Dependent Relative Will Be Cared for in the UK?

As the sponsor, you will be required to sign a sponsorship undertaking. The purpose of the undertaking is to confirm that the Adult Dependent Relative will have no recourse to public funds and that you will be responsible for them for a period of 5 years from the date they enter the UK (if they are granted indefinite leave to enter). The documents to evidence this can include the following:

• Evidence of income in the form of payslips;
• Personal bank statements;
• Information on your outgoings including Council Tax and utilities bills;
• Evidence of support provided to anyone else dependent on the Sponsor;
• Mortgage or tenancy agreement;
• Evidence of planned care arrangements for the Adult Dependent Relative whilst in the UK.

Note that although whether the family member in the UK is financially and logistically able to care for their Adult Dependent Relative is a consideration, it is not given the same importance as whether the relative can be cared for in the country where they live.

6. What if I Do Not Meet the Requirements for an ADR Visa?

In the event you do not meet the requirements as set out above, the Entry Clearance Officer will consider whether, in the particular circumstances of your case, the ECHR Article 8 right to respect for private and family life is engaged. With reference to this consideration, the guidance states that:

‘in order to establish that family life exists between adults who are not partners, there must be something more than such normal emotional ties.’

Factors which will be taken into consideration include:

‘the age, health and vulnerability of the applicant, the closeness and previous history of the family, the applicant’s dependence on the financial and emotional support of the family, and the prevailing cultural tradition and conditions in the country where the applicant lives.’

If Article 8 is engaged, the Entry Clearance Officer will also consider whether there are ”exceptional circumstances” so that a refusal would be  a breach of Article 8 because it would result in unjustifiably harsh consequences for the Adult Dependent Relative or their family. Unjustifiably harsh consequences are defined in the Home Office guidance as:

‘ones which involve a harsh outcome or outcomes for the applicant or their family which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others.‘

Note here that the ‘unjustifiably harsh circumstances’ relate to all the family members, including the ‘sponsoring’ family members in the UK.  

It may be prudent to consider seeking expert advice to apply for an ADR visa given the complexity of these considerations.

7. How Do I Apply for an Adult Dependent Relative Visa to the UK?

An application for entry clearance as an Adult Dependent Relative should be made from outside of the UK using the online application form. As part of the application process you will be required to attend a Visa Centre to enrol your biometrics. Once your application form is submitted online, you will be able to upload your supporting documents online and book an appointment to enrol your biometrics. Alternatively you can have your supporting documents scanned during your appointment at the Visa Centre.

8. How Much Does an ADR Visa to the UK Cost?

The Home Office application fee for an Adult Dependent Relative visa is £3,250. You may also need to pay an additional fee for a biometric appointment at a Visa Centre. 

9. How Long Does It Take to Get an Adult Dependent Relative Visa Decision?

The official website on decision waiting times for applications to join family members in the UK states that for an adult coming to be cared for by a relative, the standard processing time is 12 weeks. This runs from the date of the biometric appointment. 

You may additionally be able to secure a priority service to reduce this processing time to 30 working days. These are subject to availability.

10. What Happens If an ADR Visa Is Refused?

If the Home Office determines that the requirements for an ADR visa are not met and there are no exceptional circumstances to be considered, the application for entry to the UK will be refused. In the event that your application is refused, our immigration barristers can advise on the merits of making a fresh application for an Adult Dependent Relative visa and/or challenging the decision by way of appeal.

Again, we recommend seeking legal advice and representation from a specialist immigration appeal lawyer before appealing against a decision to refuse an ADR visa. 

See our previous article How to Appeal an Adult Dependent Relative Visa Refusal.

11. Contact Our Immigration Barristers

For expert advice and assistance with applications for an Adult Dependent Relative (ADR) visa or challenging a refusal of an ADR visa, contact our Barristers on 0203 617 9173 or complete our enquiry form below.