ADULT DEPENDANT RELATIVE VISA
The Adult Dependant Relative visa category is for non-EEA adult dependent relatives of British citizens in the UK, persons settled in the UK, or persons in the UK with refugee leave or humanitarian protection status, who wish to settle here.
What are the main eligibility requirements for an Adult Dependant Relative visa?
In order to qualify for an Adult Dependant 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 or 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 practical and 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).
What else do I need to know about the Adult Dependant Relative visa?
The Adult Dependant Relative visa route is only available to applicants outside the UK. It is not possible to switch into this route from within the UK.
Even if the person applying for an Adult Dependant 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.
If you are granted an Adult Dependant Relative visa then you will be permitted to enter, and remain in the UK, indefinitely.
The circumstances in which an adult dependent relative of a British citizen or person settled in the UK may qualify to settle permanently in the UK are limited. Non-EEA national family members and extended family members of EEA nationals who are exercising Treaty rights in the United Kingdom enjoy more generous provisions under the Immigration (EEA) Regulations 2016. In certain circumstances, British citizens may also be able to bring their adult dependent relatives to the UK by relying on these provisions.
How our immigration barristers can help
Our immigration barristers regularly advise and assist Adult Dependant 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, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, 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 Dependant 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 Dependant 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 Dependant Relative visa
In order to satisfy the requirements of the Immigration Rules for an Adult Dependant 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 Dependant Relatives
If your application for an Adult Dependant 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.