UK Visas for Adult Dependent Relatives
If you are doing well in the UK then maybe you think it is time to bring your parents or a member of your extended family over to join you. Maybe you are concerned that they are getting increasingly frail or that they do not have the support network they need in their home country.
In this article, our immigration solicitors examine your options if you want a UK visa for a dependent relative.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
The adult dependent relative visa
The UK has a specific visa if an overseas-based relative wants to join you in the UK. It is the adult dependent relative visa. If a relative just wants to come to see you on an extended stay, then a visitor visa may be more appropriate. A relative who comes to the UK on a visitor visa cannot apply to convert their visa to an adult dependent relative visa. That is because the first application for an adult dependent relative visa must be made from outside the UK.
Do you need an immigration solicitor to apply for an adult dependent relative visa?
You can make any type of immigration application to the UK Home Office without the help of a specialist solicitor. However, the adult dependent relative visa is subject to complex eligibility criteria. That’s one of the reasons why there is a high Home Office refusal rate. If you want to stand the best chance of successfully getting an adult dependent relative visa the first time around, and without the hassle and time involved in a fresh application or an appeal, it is probably in your interests to instruct an immigration solicitor with expertise and experience in adult dependent relative visa applications.
The eligibility criteria for the adult dependent relative visa
To qualify for an adult dependent relative visa the applicant must be at least 18 years old and their sponsor in the UK must also be over 18. The applicant must be related to the UK sponsor as either their:
- Parent
- Brother or sister
- Son or daughter
- Grandparent
In addition to the relationship eligibility criteria the applicant must also:
- Require long-term personal care to be able to perform everyday tasks. The requirement needs to be through age, illness, or disability
- Be unable to obtain the required level of care in the country they live in. The care may either not be available or affordable to the visa applicant
- Be able to prove that the UK sponsoring relative can care for and adequately accommodate them
The sponsor in the UK must have:
- British or Irish citizenship
- Settled status or pre-settled status
- Indefinite leave to remain
- Protection status with either leave to remain as a refugee, permission to stay as a refugee, or a person who has UK humanitarian protection
If the sponsoring relative is a British citizen or has indefinite leave to remain then the adult dependent relative visa length is not time-limited. In other scenarios, the adult dependent relative visa may be time-limited based on the sponsor’s right to live in the UK.
Why are adult dependent relative visa applications refused by the Home Office?
Visa applicants and their UK sponsors often do not appreciate the need to back up their applications with quality evidence. Alternatively, they may provide satisfactory evidence of a medical condition requiring care and evidence of available accommodation but not fully address with evidence why the relative cannot get the care they need in their home country. A statement that the applicant cannot afford the care or that it is not of sufficiently high standard will not be accepted without the evidence to back it up.
A specialist immigration solicitor will help make sure that you gather all the correct information and as much supporting evidence as possible before the application is submitted to the Home Office. Immigration solicitors stress that just because a parent is in their 80s the Home Office will not automatically assume that the parent has long-term personal care needs that they cannot meet themselves. Equally, an applicant cannot assume that the Home Office will understand that quality care is not available in a specified country as each application must be supported by evidence.
What can you do if an adult dependent relative visa is refused?
If a dependent relative needs help and care the applicant and sponsor is likely to be devastated by a Home Office refusal. The applicant can consider:
- Applying for a different type of visa, such as a visitor visa
- Making a second application that addresses the reasons why the first application was refused
- Appealing the decision to refuse the adult dependent relative visa
To appeal against the refusal, you need to be able to show that the Home Office mistook the facts surrounding the application (for example, they thought the applicant was 60 and not 90) or the Home Office got the law wrong when applying it to the application. The appeal hearing is before the First-tier Tribunal. There is a deadline to submit an immigration appeal. If you need to appeal a decision to refuse an adult dependent relative visa you should contact specialist immigration solicitors as soon as the application is refused.
In some cases, your appeal may not need to go all the way to a tribunal hearing as the Home Office, presented with your appeal paperwork, may be persuaded to review their decision and grant the visa.
If you decide to reapply for the adult dependent relative visa, it is essential that you address the reasons for the first visa application refusal. Otherwise, the second application is also highly likely to be refused by a Home Office official.
Why choose OTS Solicitors as your adult dependent relative visa lawyers?
OTS Solicitors are recommended in UK leading UK law directories for their specialist immigration law advice and receive excellent client reviews. We provide friendly and efficient legal advice on adult dependent relative visa applications and pay attention to detail to make sure that your application has the best chance of success.
We can help you with:
- Advice on whether you or a relative meets the eligibility criteria for an adult dependent relative visa and the evidence needed in support of the application
- Submission of adult dependent relative visa applications to the Home Office
- Advice if you have submitted an adult dependent relative visa application and it has been refused
- Appeals against refusal of adult dependent relative visa applications
- Advice on alternatives to the adult dependent relative visa
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
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