ADULT DEPENDENT RELATIVE VISA
The Adult Dependent Relative visa category is for adult dependent relatives of British citizens in the UK, persons 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, who wish to settle in the UK.
Requirements for an Adult Dependent Relative Visa
In order to qualify for an Adult Dependent Relative visa you will need to satisfy UK Visas and Immigration that:
- You are the parent aged 18 years or over, grandparent, brother or sister aged 18 years or over or son or daughter aged 18 years or over of a person who is in the UK and that person is over 18 and either a British citizen, settled in the UK, has limited leave to remain in the UK under Appendix EU or is a person with refugee leave or humanitarian protection status;
- As a result of age, illness or disability, you require long-term personal care (that is help performing everyday tasks, e.g. washing, dressing and cooking);
- You are unable, even with the financial help of your family member in the UK, to obtain the required level of care in the country where you are living because it is not available and there is no person (close relative, home-help, housekeeper, nurse, carer, care or nursing home) in your country who can reasonably provide it, or because it is not affordable;
- You will be adequately maintained, accommodated and cared for in the UK by your family member, without recourse to public funds (if your family member is a British citizen or settled in the UK, they will be required to sign a 5-year undertaking to this effect);
- You have provided a TB test pass certificate, if required.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
What Else Do I Need to Know About the Adult Dependent Relative Visa?
The Adult Dependent Relative visa applicant must require long-term personal care to perform everyday tasks due to age, illness or disability and that care must be either not available or not affordable in the country where the applicant is living.
Even if the person applying for an Adult Dependent Relative visa does experience the high level of ill health required by the second criterion, the third criterion is even harder to meet. Most sponsors who are able to afford to maintain and accommodate their dependent relative for five years will find it hard to prove that they cannot afford to provide care for that relative in their country of origin.
An Adult Dependent Relative is granted settlement if their sponsor is settled in the UK or is a British Citizen. In other cases, the Adult Dependent Relative is granted temporary permission which expires on the same date as their sponsor’s temporary permission and once in the UK they can apply for settlement or further permission to stay in line with their sponsor’s permission.
There is a separate route for an Adult Dependent Relative of a BN(O) Status Holder under Appendix Hong Kong British National (Overseas).
The Adult Dependent Relative visa route is only available to applicants outside the UK. It is not possible to switch into the Adult Dependent Relative route from within the UK.
However, there are some specific circumstances in which it is possible for a dependent relative to apply for leave to remain on human rights grounds from within the UK.
Where an applicant applies for an Adult Dependent Relative visa from overseas and the Home Office is not satisfied that they meet all the requirements of the route, they may still be granted permission to enter the UK if the Home Office is satisfied that refusal of the application would breach Article 8 of the Human Rights Convention because it would result in unjustifiably harsh consequences for the applicant or their family.
Applying for an Adult Dependent Relative Visa? How Our Immigration Barristers Can Help
Our immigration barristers regularly advise and assist Adult Dependent Relatives to relocate to, and settle in the UK, with their family members.
Whether you require expert advice on the requirements of the Immigration Rules for an Adult Dependent Relative visa application, an independent assessment of your prospects of qualifying for an Adult Dependent Relative visa or professional assistance with preparing an Adult Dependent Relative visa application or immigration appeal, our immigration barristers can help.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to family members of British and settled persons as part of a professional and friendly service.
We can also assist with
Instructing a medical expert for an Adult Dependent Relative visa
In order to satisfy the Home Office that you require long-term personal care as a result of age, illness or disability, you may wish to provide an expert medical report in support of your application. 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.
Instructing a country background expert for an Adult Dependent Relative visa
In order to satisfy the Home Office that you are unable to obtain the required level of care in the country where you are living, you may wish to provide an expert report on the availability of suitable care facilities in support of your application. Our immigration barristers can assist you to identify a suitably qualified country background expert and then instruct the expert as to the issues that they should cover in their report.
Obtaining a property inspection report for an Adult Dependent Relative visa
In order to satisfy the requirements of the Immigration Rules for an Adult Dependent Relative visa, you will need to demonstrate that there is adequate accommodation to you in the UK. Our barristers can arrange for a qualified surveyor with specialist knowledge and skills to attend your property to assess and produce a comprehensive report which can then be submitted in support of your application.
Fresh applications and Immigration appeals for Adult Dependent Relatives
If your application for an Adult Dependent Relative visa has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.
As well as preparing high quality visa applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.
Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.