This guidance relates to UK ADR visa for bringing elderly parents and adult dependent relatives such as brothers, sisters and other family members under Appendix FM.
UK ADR Visa for Dependent Elderly Parents and Adult Relatives
As per Appendix FM to the Immigration Rules, the purpose of elderly dependent visa is to enable settlement of parents and adult relatives in the UK, who needs long-term personal care due to illness, age or disability and the UK sponsor is the only relative, who can provide such long-term personal care without recourse to public funds.
Indeed, the intentions of the policymakers behind the UK ADR visa is to reduce the burden on the taxpayer. Therefore, the provision of NHS and local authority social care services for non-British elderly parents and dependent relatives, who can reasonably and adequately meet such needs in the home country, is not possible. Nevertheless, the UK ADR visa route ensures that eligible elderly parents or adult dependent relatives gets the settled status immediately, if the sponsor is a settled person or a British Citizen. And accordingly can get full access to the NHS and local authority social care services.
Please note, the UK ADR visa enables an elder parent or an adult dependent relative of British Citizen or settled person to get an ILR. However, an adult dependent relative, of a refugee leave or humanitarian protection, only gets a limited leave, which expires with the limited leave of the sponsor.
UK ADR Visa Requirements
To apply for UK ADR visa an elderly parent or an adult dependent relative:
- has a settled person as a UK Sponsor i.e. British Citizen, Permanent Resident or a person with refugee leave or humanitarian protection
- must be the parent, grandparent, brother, sister, son or daughter aged 18-years or over of the UK Sponsor
- requires long-term personal care for performing everyday tasks due to age, illness, or disability
- even with the practical and financial help of the UK sponsor cannot get the required level of care in the country of residence because:
- the required level of care, such as medical treatment, is not available in the Home country
- there is no person in Home country who can reasonably provide the required level of care
- the required level of care is not affordable
- has adequate maintenance, accommodation and care arrangements in the UK without recourse to public funds
- must provide a 5-year undertaking signed by the UK sponsor
- may undergo a medical examination by a doctor or health professional on a list approved by the British Embassy or High Commission as per paragraphs 36-39 of the Immigration Rules
- needs to make the UK ADR visa application online
- needs to pay the UK ADR visa application fee of £3,250 and there is no exemption
Switching to UK ADR Visa
The UK ADR visa for elderly parents and adult dependent relatives is only for entry clearance applications. Therefore, a person cannot switch to ADR Visa from inside the UK
Bringing Elderly Parents for Private Medical Treatment
If an elderly parent or adult dependent relative is not able to fulfil the UK ADR visa requirements but requires better medical treatment then may apply for Private Medical Treatment visa.
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1. UK ADR Visa Long-Term Personal Care Requirements
Indeed, in the context of UK ADR visa the long-term person care means that an elderly parent or a dependent adult relative is not capable of performing everyday tasks – such as washing, dressing, cooking etc – due to age, illness or disability. Moreover, an elderly parent or a adult dependant relative may require the long-term person care as a result of:
- a recent serious accident resulting in long-term incapacity
- deterioration in the condition over several years due to age
- a porlonged disease or illness
2. The Required Level of Care for Adult Dependant Relative Visa
The applicant needs to establish that he/she has no access to the required level of care in the country of residence, even with the practical and financial help of the UK sponsor because:
- the required level of care is not available in the home country
- there is no person in the home country, who can reasonably provide or afford to take care
Assessment of the Required Level of Care for UK ADR Visa
Indeed, the “required level of care” is assessed, with reference to the specific needs of the applicant. Accordingly, the ECO will assess:
- the level of long-term personal care required to perform everyday tasks
- physical, emotional or psychological condition of the applicant in the light of medical reports
- whether the care is available in the country of residence
- if the care is available then whether it is accessible or not to the applicant due to geographical location or cost?
Therefore, if the required level of care is available or affordable in the home country then UK ADR visa application of elderly parents or dependent adult relatives is likely to refuse.
3. Inadequate Care in the Home Country
The ECO should consider whether anyone in the home country can reasonably provide the required level of care. Indeed, in the context of the UK ADR visa this means a close family member or a distance relation such as a:
- wider family member
- friend or neighbour
- anyother person who can reasonably provide the required care such as a:
- care or nursing home
More than one family member
If an applicant has more than one close family member in the country where they are living, those family members may be able to pool resources to provide the required care.
Meaning of Reasonable Care for UK ADR Visa
The concept whether another person can “reasonably” provide care may require consideration relating to the location, circumstances, commitments, and willingness to provide 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 the evidence may suggest the temporary nature of care, or as to a change in circumstances, then the decision maker may critically consider such evidence.
Indeed, the provision of the care in the applicant’s home country must be reasonable both from the perspective of the care-provider and the UK dependent visa applicant. Moreover, an ECO keeps in mind any relevant cultural factors. For instance, in some countries women are unlikely to provide care and support in some circumstances.
4. UK ADR Visa Adequate Accommodation Requirements
In fact, the UK sponsor must own or occupy the accommodation exclusively. Moreover, the addition of an elderly parent or dependent relative must not contravene the statutory regulations on overcrowding or public health.
5. UK ADR Visa Maintenance Funds Requirements
Indeed, for ADR visa the UK sponsor needs to provide adequate maintenance without recourse to public funds. Therefore, an elderly parent or dependent adult relative can meet the UK ADR visa adequate maintenance funds requirements by:
- solely relying on the UK sponsor
- showing any combination of the funds available to the sponsor and the applicant
- cash savings from a Third Party Sponsor such as gifts in a bank account of the sponsor or applicant. However, promises and loans from a third party are not acceptable as these are vulnerable to changes in another person’s circumstances or relationship
Is sponsoring a relative under EEA Regulations a better option?
Yes. Perhaps, under the ADR route it is quite difficult to prove that the UK sponsor cannot afford to provide care for a relative in the country of origin. Accordingly, there are only very limited circumstances in which a dependent relative may qualify for permanent settlement. Apparently, the Non-EEA national family members and extended family members of EEA nationals who are exercising Treaty rights in the UK enjoy better provisions under the Immigration (EEA) Regulations 2016. Perhaps, in certain circumstances, British citizens may also be able to bring their adult dependent relatives to the UK by relying on these provisions.
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UK ADR Visa Supporting Documents Checklist
Indeed, for UK ADR visa, an elderly parent or adult dependent relative needs to provide the following supporting documents:
- travel document such as a current passport
- if available/applicable, previous passport
- evidence of the family relationship with the UK sponsor such as birth or adoption certificate, family form etc
- evidence of settled status of the UK sponsor such as a British Passport
- 5-year signed undertaking from the UK sponsor for the maintenance, accommodation and care without recourse to public funds
- Original bank statements of the UK Sponsor covering the last 6-months
- Evidence of UK sponsor’s income – such as payslips, income from savings, shares, bonds – covering the last 6-months
- Information relating to UK sponsor’s expenses such as Council Tax, utility bills, support for dependents etc.
- A copy of a mortgage or tenancy agreement showing ownership or occupancy
- Cost of the Planned Care Arrangements without recourse to public funds and third party support
- Medical Reports confirming that the applicant requires long-term personal care from a doctor or a health professional
- Evidence that the required level of care is not (or no longer) available in the home country from a doctor, central or local health authority
- if available/applicable, a record of payments for the long-term care with an explanation as to why the applicant cannot continue to make the payments
- in case, the UK sponsor or other family members are providing the financial support then needs to explain why this cannot continue or is no longer sufficient
- if the required care has been provided through a private arrangement, then for UK ADR visa an applicant needs to provide the details of the arrangements with an explanation as to why it is no longer available
For Case Discussion and Representation
*What happens next?
Multilingual qualified London based immigration specialists will get back to you. Perhaps, usually within 2-3 working days. If you have not attached any documents, then the UK based Law firm may ask for the relevant Case-Specific Document(s) such as Refusal Letters, Deportation Orders, Application Forms etc. Moreover, after reviewing the papers and information, the legal advisor may advise a course of action and also quote the fees for processing the application.
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