What is the Adult Dependent Relative Visa application?
The Adult Dependent Relative visa application is for individuals that are either settled or have refugee status in the UK. It allows individuals to bring their adult dependent relative, such as an elderly parent or grandparents, into the UK.
What is the eligibility criteria for the Adult Dependent Relative visa application?
To be eligible for this visa, the following must apply:
- The dependent must be over 18 years of age to be regarded as an adult-dependent
- The dependent must be a close relative of the person that is either settled in the UK, has British citizenship or have refugee or humanitarian protection
- The dependent must need long-term care to do every day personal and household tasks due to their illness, disability or age
- The UK sponsor must prove that they will be able to support, accommodate and take care of the dependent without seeking recourse to UK public funds for at least 5 years
- The dependent should be the sponsor’s parent or grandparent they must not be in a subsisting relationship with a partner unless that partner is also the sponsor’s parent or grandparent and is applying for entry clearance at the same time as the applicant
- The care that the dependent requires should not be available or affordable in the country they live in
What is covered under ‘long term care for every day personal and household tasks’?
The case of Osman v ECO [OA/18244/2012] provides some guidance as to what can be regarded as long-term care for every day personal and household tasks.
Firstly, the need for care must arise because of illness, disability or age of the dependent. This means even if personal care is needed but does not arise from one of the stated conditions, then the rule is not met.
Secondly, ‘personal care’ is to be distinguished from ‘medical’ or ‘nursing’ care. Personal care must be ‘persona’ in other words, care provided by another person rather than for example support provided by mechanical aids or medication. Personal care must be necessary for the individual to perform their ‘everyday tasks’. Tasks that may usually come under ‘everyday tasks’ include washing, dressing and cooking and other activities of daily living.
Thirdly, it must be proven that even with the practical and financial help of the relative settled in the UK, personal care cannot be obtained in the dependent’s own country. This may be due to care not being available or affordable in that country or because there is no one in that country that can reasonably provide it. This means if there are existing close relatives of the dependent in his or her home country, this requirement will not be met.
It is important to note that under the later requirement, what may be the “required level of care” and who may appropriately provide it depends on the circumstances of the case. For instance, it may be the case that considering that personal care involves intimate or bodily contact which may require a gender-specific carer from the individual’s family.
How long can the dependent stay on the Adult Dependent Relative Visa?
If the family member in the UK is a British citizen or has settled status in the UK, the dependent can stay for an unlimited period.
If the family member in the UK has refugee status or humanitarian protection, the dependent can stay as long as the family member stays.
How can NA Law Solicitors help with your Adult Dependent Relative Visa application?
The Adult Dependent Relative Visa application is one of the most difficult applications to submit. At NA Law Solicitors, our team of specialist immigration lawyers can assess your circumstances to ascertain if this is the most suitable visa option for you. Thereafter we can assist with the collation of documents and work with you to ensure that we provide sufficient supporting evidence to meet with the requirements set by the Home Office. We will prepare detailed supporting legal representations in support of your application and manage the whole process. Please get in touch for an initial consultation.