Adult Dependent Relative Visa
The purpose of the Adult Dependent Relative (ADR) route is to allow a non-EEA adult dependent relative of a British citizen in the UK, a person settled in the UK, or a person in the UK with refugee leave or humanitarian protection, to settle in the UK if he/she can demonstrate that, as a result of age, illness or disability, he/she requires a level of long-term personal care that can only be provided in the UK by his/her relative in the UK and without recourse to public funds.
The Adult Dependent 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.
An adult dependant can be a:
son or daughter over 18
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 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).
You must apply for adult dependant relative visa from outside the UK as you cannot switch into this route from inside the UK. You’ll need the British citizen or settled person who will be looking after you (also called your ‘sponsor’) to complete a sponsor form and sign it to confirm they will support you.
The Immigration Rules require that:
The applicant must, as a result of age, illness or disability, require long-term personal care: that is help performing everyday tasks, e.g. washing, dressing and cooking;
The applicant must 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 affordable.
The Entry Clearance Officer (ECO) must be satisfied that the applicant will 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.
Duration of Visa:
The Adult Dependent Relative visa route is only available to applicants outside the UK. It is not possible to switch into this route from within the UK.
If you are granted an Adult Dependent Relative visa then you will be permitted to enter, and remain in the UK, indefinitely.
If the applicant meets the requirements for entry clearance as an adult dependent relative and the sponsor has limited leave, the applicant will be granted limited leave to enter of a duration which will expire at the same time as the sponsor’s limited leave, and subject to a condition of no recourse to public funds.
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.
The elderly dependent parents and other relatives of a British Citizen or settled person can submit human rights application for leave to remain outside the Immigration Rules if they can establish that they are dependent on their UK sponsor beyond normal emotional ties and further that requiring them to leave the UK will be disproportionate interference in their private and family life.
The UK courts have held that there is family life established between elderly parents and dependent relatives if they are dependent on their British or settled sponsor beyond normal emotional ties. As there is no specific provision within Appendix FM to the Immigration Rules for an in-country application by elderly dependent parents or relatives, such application can only be made outside the rules based on family life established between the applicants and their sponsor.Dependence beyond normal emotional ties can only be established where the applicant is physically dependent on the sponsor due to the applicant's age, illness or disability. The factors such as mental health issues of the applicant and need for emotional support from the UK sponsor are crucial for succeeding in such applications.
As a result of success application, the applicants will be granted Discretionary Leave to Remain (DLR) outside the Rules for 30 months under 10 years Discretionary Leave route.
If you wish to obtain advice or legal assistance in respect of your immigration matter, we offer an affordable and confidential consultation at a fixed fee with and experienced immigration lawyer where we can answer your questions and explain the processes that will apply. Your consultation fees will be set off against your instructions to the firm if you go on to instruct us.
For more information or to book an initial consultation, please contact us.