This relates to applications for entry clearance as an adult dependent relative for outside the UK for non-EEA adult dependent relatives of a British citizen in the UK, person settled in the UK, or person in the UK with refugee leave or humanitarian protection status. And also covers limited leave to remain or ILR (settlement) as an adult dependent relative.
Purpose of the Adult Dependent Relative (ADR) Route
The purpose of the Adult Dependent Relative (ADR) is 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 that can only be provided in the UK by their relative in the UK and without recourse to public funds.
Adult Dependant Relative 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.
Adult Dependent Relative Route is only for Entry Clearance
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.
Requirements for Adult Dependent Relative (ADR) Visa
An adult dependent relative can apply for ADR entry clearance application if he/she fulfils the following requirements:
- 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
- The applicant must, as a result of age, illness or disability, require long-term personal care: that is, help to perform 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; and
- 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.
Adult Dependent Relative (ADR) 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 of a British citizen or person settled in the UK may qualify to settle permanently 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.
Require long-term personal care | Adult Dependent Relative Visa
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.
Unable to receive the required level of care in the home country
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.
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 realistically accessible to the applicant. As to the latter, consideration should be given both to the geographical location and the cost of such care.
The evidence required to establish this is set out below. If the required level of care is available or affordable in the country where the applicant is living, the application should be refused.
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 evidence is provided as to the temporary nature of such care, or as to a change in circumstances, this must be carefully considered.
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 accommodation in which the applicant will live in the UK must be owned, or occupied exclusively, by the sponsor. The addition of the applicant to the accommodation must not contravene the UK statutory regulations on overcrowding or on public health.
The ECO must be satisfied that adequate maintenance and the required level of care can and will be met by the sponsor in the UK without recourse to public funds.
Maintenance may be provided by the sponsor or by any combination of the funds available to the sponsor and the applicant. 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.
Documentary Evidence for Adult Dependent Relative (ADR)
- Evidence of the family relationship
- Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care
- Evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living
- Evidence of adequate maintenance, accommodation and care in the UK
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. The ECO will need to assess whether other evidence is needed.
Long Term Personal Care
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.
Unavailability of Required Level of Care in the Home Country
Evidence that the required level of care:
(a) Is not, or is no longer, available in the country where the applicant is living. This evidence 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 why it is no longer available.
(b) Is not, or is no longer, affordable in the country where the applicant lives. If payment is currently being made for care or was made previously, the ECO should ask to see records of such payments and an explanation of why this payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the ECO should ask for an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.
Adequate maintenance, accommodation and care in the UK
Where the sponsor is a British citizen or settled in the UK, the applicant must provide a signed undertaking from the sponsor confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for the applicant’s maintenance, accommodation and care, for a period of 5 years from the date the applicant enters the UK if they are granted Indefinite Leave to Enter.
In addition, in all cases the applicant must provide evidence from the sponsor that the sponsor can provide the maintenance, accommodation and care required, in the form of any or all of the following:
- Original bank statements covering the last six months
- Other evidence of income – such as pay slips, 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 these (which must be met by the sponsor, without undertakings of third party support).
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