Applying for an Adult Dependent Relative Visa in 2022
With the situation in Ukraine, and the feelings of insecurity with the news and global pandemic, UK immigration solicitors are receiving increased numbers of enquiries about how best to bring adult family members to the UK so extended families can be together. In this article, our individual immigration lawyers take a look at applying for an adult dependent relative visa in 2022.
UK Online and London Immigration Solicitors
The adult dependent relative visa
If you are in the UK and you are:
- A British citizen – by birth or through a successful British citizenship application or
- A settled person – through settled status under the EU Settlement Scheme or with indefinite leave to remain or
- A person with protected status or refugee leave
Then your adult dependent relative may be able to apply for an adult dependent relative visa provided they meet the eligibility criteria under the immigration rules.
The eligibility criteria for an adult dependent relative visa
Under the UK immigration rules, a relative is only eligible to apply for an adult dependent relative visa if the relative is:
- A parent aged eighteen or over or
- A brother or sister aged eighteen or over
- A child aged eighteen or over or
- A grandparent
Of a person who is in the UK and who is a British citizen, settled in the UK, or is a person with refugee leave or humanitarian protection status.
In order to qualify as a ‘dependent’ the relative must be able to show that:
- Through their age, illness or a disability, they need long-term personal care to carry out everyday tasks and
- The relative does not have access to the care that they need in the country that they are living in and the relative would not be able to get the care they need even with family sending help from the UK and
- There is no one in the country the relative is living in that can reasonably provide care and
- If the relative comes to the UK on an adult dependent relative visa, the relative can be adequately maintained, accommodated and cared for in the UK without recourse to public funds.
Adult dependent relative visas and care needs
The care needs of an adult dependent relative need to be due to either their age, illness or disability or a combination of these criteria.
The immigration rules say an adult dependent relative is required to have ‘long-term personal care needs’ that mean the relative needs help with performing everyday tasks. Tasks include washing and dressing and feeding, help with taking medication and other personal care.
The care the relative needs cannot be accessible in the country they are living in. That can be because:
- The care needed is not available and there is no one in the country the relative is living in who could reasonably provide the relative with care or
- The care the relative needed is not affordable.
The Home Office may assess to see if the care available overseas could be provided by another relative or through paid care or care provided by the available health services in the country. The extent of the evidence needed may depend on the country where the relative is living. For example, in a war-torn country it should be more obvious that care is less available. However, a sponsoring relative should not cut corners with the quality of their application as you want to avoid the adult dependent relative visa application being rejected by the Home Office.
Adult dependent relative visas and ability to care for a relative in the UK
A person who is offering to support an adult dependent relative is their ‘sponsor’ in the UK. To support an adult dependent relative visa application, a sponsor needs to provide information about themselves to prove they have the ability to look after their adult dependent relative without the relative requiring recourse to public funds. The information required will include evidence of the sponsor’s income and, where relevant, their savings and accommodation and how the relative’s care needs can be met by the sponsor. Information needs to be backed up by evidence, such as wage slips or bank statements.
Exceptional circumstances and the adult dependent relative visa
If the eligibility criteria for the adult dependent relative visa are not met the Home Office can exercise discretion and consider ‘exceptional circumstances’ where there is a human rights aspect to the adult dependent relative visa application that would mean refusal of the application would result in ‘unjustifiably harsh circumstances’ for the relative and/or the sponsor. Immigration solicitors emphasise that it is important to include a human rights claim in any adult dependent relative visa application.
UK Online and London Based Immigration Solicitors