What is the Adult Dependent Relative Visa application?

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.

Frequently Asked Questions

You will qualify as an Adult Dependant Relative if you are a non-European Economic Area national and either the:

  • Parent aged over 18 years;
  • Grandparent;
  • Sibling aged over 18 years; or
  • Son or daughter aged over 18 years

of a person in the UK who is either:

  • British Citizen;
  • Settled; or
  • With refugee leave or humanitarian protection

For an application for entry clearance as Adult Dependant Relative to succeed, the applicant must:

  • as a result of age, illness or disability, require long-term personal care to perform everyday tasks e.g. washing, dressing and cooking;
  • be unable even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because it is not available and there is no person in that country who can reasonably provide it or because it is not it is not affordable; and
  • be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds. If the sponsor is a British Citizen or settled in the UK, they must sign a 5-year undertaking to that effect, at the entry clearance stage.
  • collecting medical evidence which confirms the applicant’s health condition
  • evidence from a central or local health authority confirming that the level of care is no longer available, or, evidence of the unaffordable medical bills would suffice alongside an explanation as to why the payments cannot continue.

The applicant must provide documentary evidence of:

  • the care arrangements in the UK planned for them by their sponsor;
  • the costs of these arrangements; and
  • how those costs will be met by the sponsor.
  • If the applicant’s sponsor is a British Citizen in the UK or a person present and settled in the UK, the applicant will be granted Indefinite Leave to Enter.
  • If the applicant’s sponsor is a person in the UK with limited leave as a refugee or a person with humanitarian protection then the applicant will be granted entry clearance as an ADR of a duration which will expire at the same time as the sponsor’s limited leave.
  • You cannot switch into ADR category from inside the UK and must make an application for entry clearance from outside the UK as ADR.
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