Adult Dependent Relative Visa UK requirements for elderly parents

UK visa for parents of British citizensThis guidance relates to adult dependent relative visa UK requirements under Appendix FM for elderly parents. And also for dependent relatives such as brother, sister and other family members. Accordingly, the post covers the following topics:

  1. What is the purpose of the UK adult dependent relative visa?
  2. What are the UK adult dependent relative visa requirements?
  3. Documentary Evidence for adult dependent relative visa UK

Moreover, for case processing and representation contact specialist UK immigration solicitors for appeals, administrative review, judicial review and reapplications.

1) What is the purpose of the UK adult dependent relative visa?

The purpose of the UK Adult Dependent Relative (ADR) visa route is to allow a non-European Economic Area (non-EEA) national adult dependent relative (ADR) 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. However, the applicant needs to demonstrate that because of an illness, age, illness or disability, the applicant requires a level of long-term personal care. And the relative in the UK (i.e. sponsor) can only provide such long-term personal care without recourse to public funds.

UK adult dependent relative visa and burden on UK taxpayers

Perhaps, the intentions of the policymakers behind the ADR route is to reduce the burden on the UK taxpayer for the provision of NHS and local authority social care services to ADRs who can reasonably and adequately meet such needs in their home country.

Immediately Settled Status and Care for ADRs

However, the ADR route also ensures that adult dependant relatives whose needs can only be reasonably and adequately met in the UK are granted settled status immediately (where their sponsor has this or is a British Citizen). And also full access to the NHS and local authority social care services. Apparently, the intention is to avoid a disparity between ADRs depending on their wealth and that of their sponsor and to give those ADRs who qualify certainty about their long-term status in the UK.

The route is only for entry clearance applications

The Adult Dependent Relative (ADR) route is only for entry clearance application from outside the UK. And an adult relative cannot switch into ADR route inside the UK. However, if an ADR of British Citizen or person with settled status in the UK then the applicant usually gets an ILR. Moreover, for applicants applying as the relatives of a person in the UK with refugee leave or humanitarian protection, will get entry clearance 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 ADR Rules are set out in Appendix FM to the Immigration Rules. Applications for adult dependant relatives must be made online. The fee at the time of writing (2017/18) is £3,250.

2) What are the UK adult dependent relative visa requirements?

An adult dependent relative can apply for ADR entry clearance application if he/she fulfils the following requirements:

  1. The applicant must be the parent, grandparent, brother or sister, son or daughter aged 18 years or over of “the UK sponsor” who is in the UK
  2. As a result of age, illness or disability, the applicant requires long-term personal care for performing everyday tasks. For instance, washing, dressing, cooking etc.
  3. 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; and
  4. The applicant needs to satisfy the Entry Clearance Officer (ECO) that he/she will get adequate maintenance, accommodation and care in the UK by the sponsor without recourse to public funds. Moreover, the UK sponsor also needs to provide a signed 5-year undertaking for the adult dependent relative entry clearance visa application.

Adult Dependent Relative and EEA Regulations

Perhaps, under the ADR is it quite difficult to prove that the UK sponsor cannot afford to provide care for that relative in their country of origin. Accordingly, there are only very limited circumstances in which an adult dependent relative may qualify for permanent settlement in the UK. 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.

What is the meaning of long-term personal care?

As a result of age, illness or disability, the applicant must require long-term personal care to perform everyday tasks, e.g. washing, dressing and cooking. This means that they must be incapable of performing such everyday tasks for themselves.

This situation may have been arrived at recently – such as the result of a serious accident resulting in long-term incapacity – or it could be the result of deterioration in the applicant’s condition over several years.

What an application must establish?

The application must establish that the applicant has no access to the required level of care in the country where they are living, even with the practical and financial help of the sponsor in the UK. This could be because it is not available and there is no person in that country who can reasonably provide it, or because it is not affordable.

What is the meaning of the required level of care?

The “required level of care” is a matter to be objectively assessed, with reference to the specific needs of the applicant. The level of long-term personal care must be what is required by the individual applicant to perform everyday tasks, in light of their physical needs and any emotional or psychological needs, in each case as established by evidence provided by a doctor or other health professional.

In considering whether the care is available in the country in which the applicant is living, the ECO will consider both what care is available, and whether it is really accessible to the applicant.  As to the latter, the ECO may also take into account the geographical location and the cost of such care.

However, if the required level of care is available or affordable in the country where the applicant is living, the ECO is likely to refuse the application.

No person in Home Country can reasonably provide adequate care

The ECO should consider whether there is anyone in the country where the applicant is living who can reasonably provide the required level of care. This might be a close family member: son, daughter, brother, sister, parent, grandchild, grandparent; a wider family member, friend or neighbour; or another person who can reasonably provide the care required, e.g. a home-help, housekeeper, nurse, carer or care or nursing home.

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. 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 the evidence may suggest the temporary nature of care, or as to a change in circumstances, then the ECO may critically consider such evidence.

The provision of the care in the applicant’s home country must be reasonable both from the perspective of the provider of the care and the perspective of the applicant.

The ECO should bear in mind any relevant cultural factors, such as in countries where women are unlikely to be able to provide support in some circumstances.

Adequate maintenance, accommodation and care in the UK

The sponsor must either own or occupy the accommodation exclusively in which will live in the UK. Moreover, the addition of the applicant must not contravene the UK statutory regulations on overcrowding or on public health.

The applicant needs to satisfy that the sponsor will provide adequate maintenance and the required level of care in the UK without recourse to public funds.

Moreover, an applicant can meet the adequate maintenance funds requirement by solely relying on the sponsor. However, any combination of the funds available to the sponsor and the applicant can also meet the maintenance requirements.

Maintenance by a third party

Apparently, promises of third party support will not be accepted as these are vulnerable to a change in another person’s circumstances or in the sponsor’s or the applicant’s relationship with them. Cash savings which have originated from a gift (not a loan) from a third party can count towards the required maintenance, but those cash savings must be in an account in the name of the sponsor or the applicant and under their control.

3) Documentary Evidence for adult dependent relative visa UK

To apply for an adult-dependent relative visa UK, an applicant needs to provide evidence relating to:

  1. family relationship
  2. age, illness or disability due to which an applicant requires long-term personal care in the UK
  3. an applicant’s inability to obtain the required level of care in the country where they are living. Even with the practical and financial help of the UK sponsor
  4. adequate maintenance, accommodation and care in the UK

1) Evidence of the family relationship

Evidence of the relationship between the applicant and the sponsor will need to be provided. This should be in the form of birth or adoption certificates or other evidence. However, the ECO may assess for the need of any additional evidence to establish the relationship.

2) Long term personal care for adult dependent relative visa

Medical evidence that the applicant’s physical or mental condition means that they require long-term personal care because they cannot perform everyday tasks, e.g. washing, dressing and cooking. This must be from a doctor or other health professional.

Under paragraphs 36-39 of the Immigration Rules, the ECO has the power to refer the applicant for medical examination and to require that this be undertaken by a doctor or other health professional on a list approved by the British Embassy or High Commission.

3) Unavailability of Required Level of Care in the Home Country

Evidence that the required level of care is not, or is no longer, available in the country where the applicant is living should be from a central or local health authority, a local authority, or a doctor or other health professional in the country in question. If the required care has been provided through a private arrangement, the applicant must provide details of that arrangement. And also explain why it is no longer available?

Moreover, if payment is currently being made for care or was made previously, the applicant needs to provide the record of such payments. And also needs to explain: why he/she cannot continue to make the payment. Moreover, if either the sponsor or other close family members in the UK are providing the financial support then the applicant needs to explain why this cannot continue or is no longer sufficient to enable the required level of care.

4) Adequate maintenance, accommodation and care in the UK

For an adult-dependent relative visa UK, an applicant needs to provide a 5-years signed undertaking from the sponsor. Accordingly, the undertaking must confirm that the applicant will have no recourse to public funds. And the sponsor must also undertake the responsibility of applicant’s maintenance, accommodation and care. Moreover, the undertaking is for 5 years as the applicant is likely to get an Indefinite Leave to Enter. Apparently, the period of 5-years starts from the date the applicant enters the UK.

Accordingly, the applicant must provide evidence from the sponsor in the form of any or all of the following:

  • Original bank statements covering the last six months
  • Other evidence of income – such as payslips, income from savings, shares, bonds – covering the last six months
  • Relevant information on outgoings, e.g. Council Tax, utilities, etc, and on support for anyone else who is dependent on the sponsor
  • A copy of a mortgage or tenancy agreement showing ownership or occupancy of property; and
  • Planned care arrangements for the applicant in the UK, which can involve other family members in the UK. And the cost of planned care arrangement, which must be met by the sponsor, without undertakings of third party support.

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