The Adult Dependent Relative visa category is for those who wish to settle in the UK as adult dependent relatives of British citizens, persons present and 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. Following the restrictions of applications under the Adult Dependent Relative visa category in 2012 applications are granted in very limited circumstances, and so in this post we will look at some of the most frequently asked questions for people who are planning to make an application in this category.
What are the eligibility requirements for an Adult Dependent Relative visa?
In making an application for entry to the UK as an Adult Dependent Relative you will be required to prove:
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;
How do you prove that an Adult Dependent Relative requires long-term personal care?
As a result of age, illness or disability, you must show that you require long-term personal care to perform everyday tasks. These tasks include the ability to wash, dress and cook for yourself. In order to satisfy the Home Office that you meet these requirements, you may wish to instruct an expert to produce a medical report to comment on the long-term personal care you may require.
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.
What is the “required level of care” the Home Office will consider?
You must prove that you have no access to the required level of care in the country where you are living. This could be because:
The level of care required will be assessed objectively depending on your particular needs. The Entry Clearance Officer will consider what care is available and whether it is realistically accessible to you, taking into consideration external factors such as the geographical location and the cost of care.
How do you show that there is no person in the country who can reasonably provide an Adult Dependent Relative with care?
In assessing whether there are any persons or facilities in the country where you live who can reasonably provide you with care, the Entry Clearance Officer will consider anyone who can reasonably provide the required level of care. These persons or facilities might include:
The Home Office guidance states the following with regard to who can reasonably provide an Adult Dependent Relative with care:-
“The concept of whether another person can “reasonably” provide care may require consideration of such matters as the location of that person, their own circumstances and other commitments, and their willingness to provide such care. The fact that a person or organisation has been providing care for a period may suggest that they can continue to do so, however, if evidence is provided as to the temporary nature of such care, or as to a change in circumstances, this must be carefully considered”.
What evidence should I produce to show an Adult Dependent Relative will be adequately maintained, accommodated and cared for in the UK?
As the sponsor, you will be required to sign a sponsorship undertaking (Form SU07). The purpose of the undertaking is to confirm that the Adult Dependent Relative will have no recourse to public funds and that you will be responsible for them for a period of 5 years from the date they enter the UK (if they are granted indefinite leave to enter). The documents to evidence this can include the following:
Note that although whether the family member in the UK is financially and logistically able to care for their adult dependent relative is a consideration, it is not given the same importance as whether the relative can be cared for in the country where they live (see above).
What if I do not meet the required for an Adult Dependent Relative Visa?
In the event you do not meet the requirements as set out above, the Entry Clearance Officer will consider whether, in the particular circumstances of your case, the ECHR Article 8 right to respect for private and family life is engaged. With reference to this consideration, the guidance states that “in order to establish that family life exists between adults who are not partners, there must be something more than such normal emotional ties”. Factors which will be taken into consideration includes “the age, health and vulnerability of the applicant, the closeness and previous history of the family, the applicant’s dependence on the financial and emotional support of the family, and the prevailing cultural tradition and conditions in the country where the applicant lives.”
If Article 8 is engaged, the Entry Clearance Officer will also consider whether there are ”exceptional circumstances” so that a refusal would be a breach of Article 8 because it would result in unjustifiably harsh consequences for the Adult Dependent Relative or their family. Unjustifiably harsh consequences are defined in the Home Office guidance as “ones which involve a harsh outcome or outcomes for the applicant or their family which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others.” Note here that the ‘unjustifiably harsh circumstances’ relate to all the family members, including the ‘sponsoring’ family members in the UK.
It may be prudent to consider seeking expert advice to apply for an Adult Dependent Relative visa given the complexity of these considerations.
How do I make an application for entry to the UK as an Adult Dependent Relative?
An application for entry clearance as an Adult Dependent Relative must be made from outside of the UK using the online application form. As part of the application process. you will be required to attend a Visa Centre to enrol your biometrics and have your passport scanned. Once your application form is submitted online, you will be able to upload your supporting documents online and book an appointment to enrol your biometrics. Alternatively you can have your supporting documents scanned during your appointment at the Visa Centre.
How much does it cost to make an application to the UK as an Adult Dependent Relative?
The Home Office application fee for an Adult Dependent Relative visa is £3,250. You may also need to pay an additional fee for a biometric appointment at a Visa Centre.
How long does it take until my application to enter the UK as an Adult Dependent Relative is decided?
The official guidance states that a decision should typically be received within 6 months of submitting an application for an Adult Dependent Relative visa. You will need to check if there are any super priority visa services available to expedite the processing times. Due to the Covid-19 pandemic, there may be delays in processing your applications and priority services may be limited.
What happens if my application for entry to the UK as an Adult Dependent Relative is refused?
If the Home Office determines that the requirements for an Adult Dependent Relative visa are not met and there are no exceptional circumstances to be considered, the application for entry to the UK will be refused. In the event that your application is refused, our immigration barristers can advise on the merits of making a fresh application for an Adult Dependent Relative visa and/or challenging the decision by way of appeal.
Again, we recommend seeking legal advice and representation from a specialist immigration appeal lawyer before appealing against a decision to refuse an Adult Dependent Relative visa.
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