Appealing Against the Refusal of a UK Adult Dependent Relative Visa
When you are worried about the ability of an elderly or vulnerable relative to look after themselves then your natural reaction is to want to help. That’s why the immigration lawyers at OTS Solicitors are asked for advice on adult dependent relative visas and about visa appeals if you have applied for a visa for your relative and the application has been turned down.
In this blog, our immigration solicitors look at what you can do if an adult-dependent has had their visa application refused. At OTS Solicitors we regularly help those looking at appeal options who made their first adult dependent relative visa application either without immigration law advice or without the assistance of a specialist lawyer.
UK Online and London-Based Immigration Solicitors
For advice on adult dependent relative visa applications call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The eligibility criteria for the adult dependent relative visa
Adult dependent relative visas involve an application by an elderly or disabled relative to join you in the UK. To qualify for the visa your immigration status as the sponsor of the adult dependent relative is relevant as you must be at least 18 years old and you must hold either:
- British citizenship
- Settled status
- Leave as a refugee
- Humanitarian protection status
- EEA national with limited leave to remain under Appendix EU status
If your immigration status does not fall into the above criteria, you may not be able to sponsor your adult relative to join you in the UK.
In addition to your immigration status, your relative must meet the following criteria set out in the immigration rules in Appendix Adult Dependent Relative:
- That through either age, illness, or disability, the applicant requires a level of long-term personal care that can only be reasonably and adequately provided in the UK by their sponsoring relative
- The applicant is a parent aged 18 years or over, a grandparent, a brother or sister aged 18 years or over, or a son or daughter aged 18 years or over of the sponsor
- If the applicant is the sponsor’s parent or grandparent, the applicant must not be in a subsisting relationship with a partner unless that person is also the sponsor’s parent or grandparent and is applying for entry clearance at the same time as the applicant
- The applicant (or if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner ) must, even with the practical and financial help of the sponsor, be unable to get the level of care needed in the country they are living in because the care is either not available or no person in that country can reasonably provide it, or it is not affordable
- The applicant can be adequately maintained, accommodated, and cared for in the UK by the sponsor and without access to public funds
- The applicant is suitable and their presence in the UK will not be deemed to be not conducive to the public good. For example, because of the applicant’s criminal offending history or character or immigration history
The eligibility criteria threshold for the adult dependent relative visa is set high by the Home Office. That’s why individual immigration solicitors say that it is best to spend time carefully preparing the application and gathering the supporting evidence. If the application isn’t successful, it is important to understand your appeal rights.
Evidence and the adult dependent relative visa
To avoid the refusal of an adult dependent relative visa application it is best to provide evidence of:
- The relationship between the applicant and UK sponsor
- The applicant’s long-term personal care needs resulting from age, illness, or disability. You should not assume that age alone or a medical diagnosis will be sufficient evidence. A medical report needs to explain the care needs that the applicant has and the specific help required
- That the applicant, even with the practical and financial help of their UK sponsor, can't get the help they need in the country they are living in. This evidence could be in the form of a medical report or another professional report, such as a report by an occupational therapist, who can detail what is available in the country and why it doesn’t meet the needs of the applicant. If care was historically provided in the home country, then an explanation needs to be given as to why this care is no longer available to the applicant. For example, the applicant’s health has substantially deteriorated requiring even greater care needs or the death of the relative who was a care provider
- Evidence of adequate maintenance, accommodation, and care that the sponsor can provide in the UK
- If the sponsor is a British citizen or settled in the UK, the applicant needs a signed undertaking from the sponsor to say the sponsor will be responsible for the applicant’s maintenance, accommodation, and care for a period of 5 years and that the applicant won't access to public funds
Appealing the refusal of an adult dependent relative visa
Immigration solicitors will tell you that many adult dependent relative visa applications are refused but that, in the main, this occurs when the applicant and sponsor have not taken immigration legal advice or have not spoken to a specialist immigration solicitor.
Experts in adult dependent relative visa applications and visa appeals say it is vital to get the supporting information and evidence right as without the necessary degree of detail there is a very real risk that an adult dependent relative visa application will be refused by the Home Office leading to the applicant either giving up on their dream to be cared for in the UK or the applicant and sponsor pursuing an appeal.
Individual immigration solicitors recommend that care and legal advice are taken on the first application rather than assume that a refusal decision can be appealed. That’s because there is always a risk that an appeal won't be successful and appeals take more time and money than getting it right the first time around.
The adult dependent relative visa appeal process
You may be able to appeal an adult dependent relative visa refusal by a review or appeal to the First Tier Tribunal. The timescale to appeal to the First-tier Tribunal is within 28 days of the refusal notification.
In some cases, if the initial appeal is unsuccessful and the First-tier Tribunal made an error in applying the law, you may still be able to secure a visa by appealing again to the Upper Tribunal. A further appeal must be made within 28 days of the decision of the First-tier Tribunal. If an Upper Tribunal appeal is successful the judge could either set aside the First-tier Tribunal’s decision and impose their own decision or refer the appeal back to the First-tier Tribunal for a fresh hearing.
Appeals are based on the fact that human rights law was not followed and that there has been a breach of human rights.
Exceptional circumstances
In some situations, an immigration solicitor will recommend pleading exceptional circumstances to secure an adult-dependent relative visa. This applies where the strict eligibility criteria are not met by the applicant or by the sponsor but because of the European Convention on Human Rights, the applicant can argue that the refusal would result in unjustifiably harsh consequences and would breach the right to respect for private and family life.
Visitor visas for adult dependent relatives
Some people based in the UK think that applying for a visitor visa for their elderly or vulnerable relative to visit the UK is the answer as the application process is simpler and easier. However, a visitor visa is a temporary visa. An adult-dependent relative visa leads to permanent residence in the UK. If you use a visitor visa application inappropriately it may result in the applicant’s immigration record being affected and their adult dependent relative visa application being refused because of the history of inappropriate visitor visa applications or overstaying after securing entry clearance on a visitor visa.
If an applicant tries to apply for an adult-dependent relative visa after entering the UK on a visitor visa the basis for the visitor visa application will be questioned as visitors must intend to leave the UK. There may be a genuine change in circumstances, such as the applicant suffering a stroke whilst in the UK and their condition deteriorating further meaning they are unable to return to their home country to make their adult dependent relative visa application from overseas.
Making an application from within the UK involves human rights claims and is more complicated than an application made from outside the UK. That’s why immigration solicitors recommend that immigration legal advice is taken to work out the best visa application for a relative rather than applying for a visitor visa and then assuming that you can arrange for a relative to stay long term after they have arrived in the UK.
UK Online and London-Based Immigration Solicitors
For advice on adult dependent relative visa applications call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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