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Adult Dependent Relative Visa

Adult Dependent Relative Visa

Adult Dependent Relative Visa

The Adult Dependent Relative Visa in the UK serves as a pathway for the adult dependent relatives of those residing in the UK—whether as British citizens, persons with settled status, individuals with limited leave under Appendix EU, or those granted refugee leave or humanitarian protection—to settle in the country.

Eligibility for the Adult Dependent Relative Visa in the UK

To qualify for the Adult Dependent Relative Visa, applicants must meet several criteria outlined by UK Visas and Immigration, demonstrating that:

  • They are an adult parent, grandparent, sibling, or child of a person residing in the UK, who is over 18 and holds one of the statuses mentioned above.
  • Due to age, illness, or disability, they need long-term personal care to perform everyday tasks such as washing, dressing, and cooking.
  • They can’t secure the required level of care in their country, even with the financial assistance of their UK-based family member, either because it’s unavailable or unaffordable.
  • They will be adequately maintained, accommodated, and cared for in the UK by their family member without relying on public funds.
  • If required, they have a TB test pass certificate.

Understanding the Process and Seeking Professional Advice

The exact requirements may vary based on individual circumstances. Seeking professional advice from immigration lawyers is recommended. For detailed discussions on your Adult Dependent Relative Visa application, please contact our immigration solicitors at +44 (0) 1206523714 or complete our inquiry form.

Critical Aspects of the Adult Dependent Relative Visa

The applicant must genuinely require long-term personal care due to age, illness, or disability. Meeting the requirements can be challenging, especially proving the unavailability or unaffordability of care in the applicant’s country.

Successful applicants are granted settlement if their sponsor is a UK settled resident or a British Citizen. For others, temporary permission aligned with their sponsor’s permission is provided, allowing them to apply for settlement or further permission later.

There’s a separate route for Adult Dependent Relatives of a BN(O) Status Holder under Appendix Hong Kong British National (Overseas).

Restrictions and Human Rights Considerations

This visa route is exclusive to applicants outside the UK; switching to the Adult Dependent Relative Visa from within the UK is generally not permitted. However, in certain circumstances, dependent relatives can apply for leave to remain on human rights grounds from within the UK.

In situations where an applicant doesn’t meet all the requirements, considerations related to Article 8 of the Human Rights Convention may still grant them permission to enter the UK if the refusal results in unjustifiably harsh consequences.

How We Can Assist You with Your Application

Our expert immigration solicitors are adept at guiding Adult Dependent Relatives through the process of relocating and settling in the UK with their family members. We offer meticulous advice on the Immigration Rules for Adult Dependent Relative Visa applications, an independent assessment of your qualification prospects, and comprehensive assistance in preparing applications or immigration appeals.

We’re dedicated to understanding and addressing our clients’ needs proactively, providing clear, reliable, and professional advice as part of our approachable and friendly service.

Conclusion

The Adult Dependent Relative Visa is a specialized UK visa category designed for adult dependents needing long-term care. Navigating through the requirements can be intricate, hence obtaining expert advice and assistance is pivotal for a successful application. If you’re considering applying for this visa, our seasoned immigration solicitors are here to assist you every step of the way.

The Adult Dependent Relative visa category is for adult dependent relatives of British citizens in the UK, persons 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, who wish to settle in the UK.

Requirements for an Adult Dependent Relative Visa

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, has limited leave to remain in the UK under Appendix EU or is 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 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 have provided a TB test pass certificate, if required.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your Adult Dependent Relative visa application with one of our immigration solicitors, contact our Adult Dependent Relative visa lawyers at +44 (0) 1206523714

What Else Do I Need to Know About the Adult Dependent Relative Visa?

The Adult Dependent Relative visa applicant must require long-term personal care to perform everyday tasks due to age, illness or disability and that care must be either not available or not affordable in the country where the applicant is living.

Even if the person applying for an Adult Dependent Relative visa does experience the high level of ill health required by the second criterion, the third criterion is even harder to meet. Most sponsors who are able to afford to maintain and accommodate their dependent relative for five years will find it hard to prove that they cannot afford to provide care for that relative in their country of origin.

An Adult Dependent Relative is granted settlement if their sponsor is settled in the UK or is a British Citizen. In other cases, the Adult Dependent Relative is granted temporary permission which expires on the same date as their sponsor’s temporary permission and once in the UK they can apply for settlement or further permission to stay in line with their sponsor’s permission.

There is a separate route for an Adult Dependent Relative of a BN(O) Status Holder under Appendix Hong Kong British National (Overseas).

The Adult Dependent Relative visa route is only available to applicants outside the UK. It is not possible to switch into the Adult Dependent Relative route from within the UK.

However, there are some specific circumstances in which it is possible for a dependent relative to apply for leave to remain on human rights grounds from within the UK.

  • When Can You Apply to Stay as an Adult Dependent Relative From the UK?

Where an applicant applies for an Adult Dependent Relative visa from overseas and the Home Office is not satisfied that they meet all the requirements of the route, they may still be granted permission to enter the UK if the Home Office is satisfied that refusal of the application would breach Article 8 of the Human Rights Convention because it would result in unjustifiably harsh consequences for the applicant or their family.

Applying for an Adult Dependent Relative Visa? How Our Immigration Solicitors Can Help

Our immigration solicitors regularly advise and assist Adult Dependent Relatives to relocate to, and settle in the UK, with their family members.

Whether you require expert advice on the requirements of the Immigration Rules for an Adult Dependent Relative visa application, an independent assessment of your prospects of qualifying for an Adult Dependent Relative visa or professional assistance with preparing an Adult Dependent Relative visa application or immigration appeal, our immigration solicitors can help.

We pride ourselves on being approachable and proactive in understanding and meeting our client’s needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to family members of British and settled persons as part of a professional and friendly service.

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