How to Apply for an Adult Dependent Relative Visa From the UK
In This Article
1. What If Your Visiting Relative Cannot Return Home?
Occasionally, at Richmond Chambers we receive enquiries from clients facing a challenging dilemma. A relative has arrived for a visit and either their condition has deteriorated during the visit or their condition is much worse than their family in the UK realised when inviting them for a visit. This raises the question is it possible to apply for an Adult Dependent Relative visa while your relative is in the UK, or do you need to send them home in order to be able to apply?
The Adult Dependent Relative visa requires that the applicant is outside of the UK and applies for entry clearance. However, there are some specific circumstances in which it is possible for your relative to apply for leave to remain on human rights grounds from within the UK. This article explains when making an in-person human rights application for permission to stay is appropriate and the process to do so.
2. Immigration Health Warning: Visitor Visas and Adult Dependent Relative Applications
Some people may be tempted to arrive in the UK on a visitor visa in order to make an in-country application based on their human rights. We must stress that this is not a recommended course of action.
The Immigration Rules state that in order to make a valid visitor visa application, the applicant must be a genuine visitor. This means that the applicant must intend to leave the UK at the end of their visit and that they will not live in the UK for extended periods through frequent or successive visits.
If the applicant arrives in the UK as a visitor intending to make an in-country application in order to stay in the UK long term, they are not a genuine visitor. Therefore, the applicant would have been dishonest in their visitor application. A finding of dishonesty against an applicant can have lasting negative consequences.
3. When Is an In-Country Human Rights Application Appropriate?
There are circumstances in which someone can enter the UK with an intention to leave at the end of their stay, but during their stay the circumstances change and it is appropriate to make an in-country application to stay.
Someone may enter the UK and during their stay become ill or have their condition deteriorate to such an extent that it would be inappropriate for them to return to their country of residence. There are also cases where a person’s family assumed that they were in an acceptable state of health and invited them to the UK for a short visit, only to find that their relative is in such a poor condition that they cannot go back to their country of origin.
4. Case Study: Human Rights Application for an Adult Dependent Relative in the UK
To get an idea of when it may be appropriate to make an in-country application to stay, here is an example of a case our team worked on:
- This case involved a 72 year-old national of Georgia. She entered the UK as a visitor in November 2019 and extended her leave in line with successive Home Office coronavirus policies. While in the UK the Appellant had been living with her daughter and her son-in-law.
- The Appellant suffered from various health problems. She had suffered from a stroke and had anxiety and low confidence. After her arrival in the UK the Appellant’s physical and mental health deteriorated and she developed a strong psychological dependence on the Sponsor.
However, each case is different and it is not possible to say whether an in-country application to stay is appropriate without knowing all of the circumstances of the case. Therefore, we strongly recommend that you seek legal advice before deciding whether to make an in-country application.
5. When Should You Submit an Application to Stay?
It is important to avoid your relative becoming an overstayer, as this can have a negative impact on your application and other immigration applications in the future.
If you submit a valid application before your leave is due to expire and a decision is not made until after the expiry of your leave, your leave will be extended while your application is pending by the operation of Section 3C of the Immigration Act 1971.
6. In-Country Human Rights Applications vs. Adult Dependent Relative Entry Clearance
If you are in a situation similar to the one above then your relative has two options:
- To leave the UK and apply from their home country for entry clearance as an Adult Dependent Relative; or
- To remain in the UK and make a human rights application based on your relationship, their health, deterioration and their inability to live in their home country.
For information on applying for entry clearance as an Adult Dependent Relative, please see our previous articles on Adult Dependent Relative visas: Apply for an Adult Dependent Relative Visa: Top 10 FAQs and A Guide to Adult Dependent Relative Visas.
To make a human rights application, it is still helpful to show that the applicant meets all the requirements of an Adult Dependent Relative visa, except for the requirement to apply from out of the UK. This is relevant to the public interest.
The application can be made relying on potentially both private life (although this may be difficult to establish if the applicant has only been in the UK for a short time) and family life. To establish family life in terms of relationships between adult relatives, case law establishes that there should be dependency above the normal emotional ties and that this will depend on the facts.
7. How the Home Office Assesses Adult Dependent Relative Human Rights Applications
The caseworker will consider whether there are any ‘exceptional circumstances’ and leave to remain can be granted where a refusal would result in unjustifiably harsh consequences. You can raise arguments related to the impact on your lives in the UK, especially where you have established lives in the UK.
Your relative may be able to rely on their private life with reference to the Immigration Rules (Appendix Private Life) arguing that there would be ‘very significant obstacles to integration’ if they were required to return to their home country. For example, they may argue that the treatment they require is not available in their home country.
8. Processing Times for Adult Dependent Relative and Human Rights Applications
If the applicant makes a human rights application from within the UK, they will be able to remain here while their application is being considered, and potentially for the duration of their appeal, as long as their case is not certified as clearly unfounded without a right of appeal.
An application can be certified, if the Home Office considers it to be clearly unfounded. The case law tells us that a manifestly unfounded claim is defined as:
- A claim which is so clearly without substance that it is bound to fail;
- It is possible for a claim to be manifestly unfounded even if it requires more than a cursory look at the evidence to conclude there is nothing of substance in it.
The Home Office website currently states that there is no standard processing time for applications made on the basis of private life.
In comparison, the current processing time for Adult Dependent Relative entry clearance is 8 weeks. However, you should take into account that Adult Dependent Relative visas have a high rate of refusals and so it may be necessary to appeal which will make the process longer.
9. Contact Our Immigration Barristers
For expert advice and assistance in relation to an Adult Dependent Relative visa application, Human Rights application or an Immigration Appeal contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
10. Frequently Asked Questions
Can my relative apply for an Adult Dependent Relative visa while visiting the UK?
No. The Adult Dependent Relative visa requires an application for entry clearance from outside the UK. However, in certain circumstances, a relative may apply for leave to remain on human rights grounds from within the UK.
Is it a good idea for someone to come to the UK as a visitor with the intention of staying long-term?
No. Visitor visa applicants must intend to leave the UK at the end of their visit. Arriving with the intention to remain would be dishonest and could have serious and lasting consequences.
When might it be appropriate to make an in-country human rights application?
This may be appropriate if a person’s health deteriorates significantly during their visit, or if their family discovers that their health is much worse than originally realised, making it inappropriate for them to return home.
What is an example of a successful in-country application?
The article refers to a 72-year-old visitor from Georgia whose physical and mental health deteriorated after arrival. She developed a strong dependence on her sponsor, which was central to her application.
Do I need legal advice before making an in-country application?
Yes. Every case is different and depends on individual circumstances. Professional legal advice is strongly recommended before applying.
When should my relative apply to stay in the UK?
It is important to apply before their current leave expires to avoid overstaying, which can negatively impact future immigration applications.
What happens if my relative applies before their visa expires but a decision is delayed?
If a valid application is submitted before their leave expires, their permission to stay will be automatically extended under Section 3C of the Immigration Act 1971 until a decision is made.
How does an in-country human rights application differ from an Adult Dependent Relative visa application?
An Adult Dependent Relative visa must be applied for from outside the UK, while a human rights application may be made from within the UK. Human rights applications must demonstrate exceptional circumstances, dependency beyond normal emotional ties, or very significant obstacles to integration abroad.
What factors will a caseworker consider in a human rights application?
The Home Office will consider whether refusal would result in unjustifiably harsh consequences, whether there are exceptional circumstances, and whether the applicant’s situation engages family or private life rights.
How long does it take for an in-country human rights application to be processed?
There is currently no standard processing time for human rights applications made from within the UK. In comparison, Adult Dependent Relative entry clearance applications from abroad usually take around 8 weeks, but they also have a high refusal rate and may require an appeal.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
