The Adult Dependent Relative (ADR) Visa allows adult relatives who require long-term care to join their family members in the UK. This visa is specifically designed for individuals who are dependent on a close relative due to age, illness, or disability. Below is a comprehensive overview of the eligibility criteria, application process, and essential considerations for this visa.
Deciphering the Adult Dependent Relative Visa
Previously part of Appendix FM but now featured in Appendix Adult Dependent Relative, the adult dependent relative visa presents a route for immigration. It’s crucial to dispel misconceptions before delving into its specifics. Contrary to belief this visa isn’t for parents or elderly individuals nor is it exclusively for financially reliant but otherwise healthy parents. The criteria for the adult visa are more stringent than commonly assumed.
Eligibility Criteria
To qualify for the ADR Visa, both the applicant and the sponsoring relative must meet specific requirements:
For the Applicant:
- Must be over 18 years old.
- Must be a parent, grandparent, sibling, or adult child of the sponsor.
- Must require long-term personal care due to age, illness, or disability. This includes assistance with daily tasks such as washing, cooking, and dressing.
- Must demonstrate that the necessary care is not available or affordable in their home country.
For the Sponsor:
- Must be a British citizen, settled in the UK, or have protection status (refugee or humanitarian).
- Must be over 18 years old.
- Must own or occupy a property in which the applicant can live.
- Must be able to financially support and care for the applicant without relying on public funds for at least five years125.
Application Process
- Application Submission:
- Applications must be made online from outside the UK. Applicants cannot switch to this visa category from within the UK.
- The applicant will need to complete the online application form and submit supporting documents.
- Required Documentation:
- Evidence of the relationship with the sponsor (e.g., birth certificates).
- Medical evidence confirming care needs from a qualified health professional.
- Proof that care is not available or affordable in the applicant’s home country.
- Financial documentation from the sponsor demonstrating their ability to support the applicant.
- Biometrics Appointment:
- After applying, applicants must attend a visa application center to provide biometric information (fingerprints and photographs).
- Decision and Duration of Stay:
- If approved, applicants may receive either indefinite leave to remain if their sponsor is settled in the UK or limited leave if their sponsor has temporary status. The initial visa duration is typically five years, leading to settlement eligibility.
Important Considerations
- The ADR Visa application process can be complex and requires meticulous preparation of documents. The Home Office scrutinizes applications closely, particularly regarding care needs and financial capability.
- Applicants must demonstrate that they cannot receive adequate care in their home country even with financial support from their relative.
- If an application is refused, there may be options for appeal based on human rights grounds if refusal would lead to unjust hardship.
Qualifying Criteria For Adult Dependent Relative Visas
To be eligible, for an adult visa applicants must satisfy specific requirements. Here’s a brief overview;
Age and Relationship; Applicants must be adults aged 18 or older. Must be either parents, grandparents, children, or siblings of the UK sponsor.
When it comes to parents and grandparents both of them can submit their applications jointly even if only one of them meets the dependency criteria. The sponsor must be either a British citizen, settled in the UK have protection status, or be an EEA national, with settled status that was not granted based on being a joining family member.
Proving dependency is crucial for the adult relative visa application process. This involves meeting two criteria as outlined in Appendix Adult Dependent Relative;
1. Long-term Personal Care; The applicant (or their partner in the case of parents or grandparents) must need care to carry out everyday tasks due to age, illness, or disability.
2. Unmet Care Needs; In instances of entry clearance, the applicant (or their partner) should be unable to access the required level of care in their home country with assistance from the sponsor. This could be due, to a lack of availability or affordability of care.
To start the application process it is important to show that the applicant requires care for daily activities. The term “term” indicates that these care needs are not temporary.
Importantly, the term personal care should be linked to age, illness, or disability with, at least one of these factors being relevant. Failing to address any of these factors could result in an application. Additionally emotional and psychological needs. Often neglected. These are aspects of care. Feelings of loneliness and isolation can have an impact on one’s health decline; thus sponsors should highlight these aspects.
Unmet Care Requirements in the Home Country
After establishing term personal care requirements the next challenge is proving that the applicant cannot access care in their home country even with financial support, from the sponsor. This forms the core of the adult relative visa application and necessitates a crafted argument.
Determining the Necessary Care Level
Applicants must present proof regarding their specific care needs considering their emotional and psychological well-being.
The assessment of the ” level of care” is done objectively taking into account the needs of the applicant based on their physical and emotional requirements. Factors such, as location and cost of care must be taken into consideration when assessing the availability of care in the country where they reside.
Lack of Viable Alternatives for Care
To ensure success in the application it is crucial to argue that no suitable individual in the country where they live can provide the care. The concept of reasonableness is key here. It’s important to look at the aspects;
- Family Support; Could close family members like children, siblings or friends realistically offer the needed care?
- Pooling Resources; If multiple family members are present in the country could they collectively provide the required care?
Capability and Accessibility; Evaluate whether individuals or institutions in their residing country can feasibly meet their care needs. Take into account factors such as location, commitments, and willingness to offer assistance.
Strategically framing arguments about dependency is essential to avoid getting caught up in discussions, about the availability and affordability of care that could weaken the application. The primary aim is to demonstrate that only the sponsoring family member can reasonably provide the needed level of care.
The Significance of Providing Evidence
to immigration applications, it falls on the applicant to provide evidence supporting their case. It’s crucial to have verifiable proof when applying for an adult relative visa. Essential elements of the evidence include the author’s background the applicant’s medical conditions and treatment details daily care needs, prognosis, care requirements minimum care level necessary, consideration of care options like domiciliary care or care homes, and multiple reports from different professionals to strengthen the application. Presenting this information is vital since decision-makers may not have specialized knowledge. It’s also important to demonstrate the capability to support the applicant in terms of maintenance, accommodation, and healthcare without relying on funds.
Additionally, applicants from countries mentioned in Appendix T must provide tuberculosis test results, from approved clinics. When everything else fails Article 8 of the European Convention, on Human Rights can serve as an option. It explicitly includes Article 8 mandating decision makers to evaluate if the decision would lead to consequences for the applicant or their family. If the criteria for dependency are not met exceptional circumstances under Article 8 might present an argument.
Regarding an adult dependent relative visa securing one is a complicated process that often resembles an appeal due to its meticulous nature. Applicants should methodically present their case addressing each aspect of the dependency assessment. Each claim should be backed up with evidence. Seeking expert opinions and taking into account family situations can bolster the application. Keep in mind that clear communication and thorough documentation are crucial for navigating this process.
To sum up, while adult-dependent relative visas pose challenges, a prepared and meticulously documented application can greatly enhance your chances of approval. Understand the requirements gather evidence and consider the circumstances of your case. With determination and attention, to detail you can successfully navigate this immigration pathway.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel for an Adult Dependent Relative Visa straightforward and successful. Whether you’re applying for an Adult Dependent Relative Visa or an Adult Dependent Visa for Parents, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need for an Adult Dependent Relative Visa. Call us today at +234 812 5505 986 to learn how we can assist you.
