The “Adult Dependant Relative” (ADR), also known as the “Elderly Dependant Relative Visa” is designed for a parent, grandparent or another dependant relative to join their family members in the UK. Leave is usually granted based on the Sponsor’s status and does lead to indefinite leave to remain in the UK.
What are the visa requirements for the Adult Dependant Relative?
Both the Applicant and the Sponsor must meet the specified requirements of the Immigration Rules. This is set out on Appendix FM. Here is a list of requirements for the Adult Dependant Relative visa which you must meet in order to apply under this category:
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You must meet the suitability requirements, and demonstrate that you will not be a burden to the State. This includes but not limited to social services, local authority services to name a few.
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The aim of this category is for you to demonstrate that both care and financial support will be provided adequately by the Sponsor in the UK.
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Both you and your Sponsor must be related.
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You must be aged 18 years and over at the date of application.
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You must provide evidences that as a result of your age, illness or disability, you are unable to look after yourself and need personal care.
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The Sponsor in the UK must provide evidences to demonstrate that they can provide the care as well as financial & adequate accommodation in the UK.
Unlike most of the other immigration categories, the Adult Dependant Relative visa is not a matter of providing a set of documents, and is determined based on your circumstances. The visa category requires information & evidences, to demonstrate that this care cannot be provided elsewhere and that the Sponsor is in the best position to provide the care.
As part of the Adult Dependant Relative application consideration, the Home Office must be satisfied that there is no alternative care available, in the country which you reside. As part of that assessment, we will advise you as part of the application, which information and evidences would be relevant to support the visa application.
In this Adult Dependant relative application, the Sponsor who will be usually based in the UK will provide evidence that they are settled in the UK & provide both the financial and adequate accommodation. Those holding either refugee or under humanitarian protection can also bring their family members under the UK dependent visa.
Human rights and Article 8 ECHR consideration on the Adult Dependant Relative visa
The visa route requires evidences of family life between you and your sponsor’s, therefore attracting the protection of Article 8 ECHR. The Home Office accepts that you and your sponsor’s will have blood ties however information & evidences must demonstrate that the relationship is more than emotional ties.
This would include demonstrating there are both financial and other forms of dependency that are relied upon. As part of the assessment, relevant factors will include the age, health and vulnerability of the applicant, the closeness and previous history of the family, the applicant’s dependence on the financial and emotional support of the family, and the prevailing cultural tradition and conditions in the country where the applicant lives.
What is the process for the Adult Dependant Relative visa?
The visa application is applied online and can only be applied from outside of the UK. However under exceptional circumstances, an application can still be lodged however you must take legal advice prior making an application.
How long does the Adult Dependant Relative visa take?
The decision by UKVI on this visa usually takes around 12 weeks. It may be possible to fast track the application; however it depends on the Applicant previous immigration history.
How long does the Adult Dependant Relative visa is granted for?
Usually the visa is granted for a period of 30 months, and once being in the UK, a further period of 30 months is granted. Once you have completed 60 months in the UK, you would be able to apply for indefinitely.
What conditions are placed on the Adult Dependant Relative visa?
The visa conditions are as follows:
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You will not be permitted to claim public funds.
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This visa is usually granted for an indefinite period unless the Sponsor does not have a settled status in the UK.
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You will be permitted to work full time or be self-employed.
When an Adult Dependant Relative visa is refused?
If the visa application is refused, it generates a right to appeal. If you have lodged this application from outside of the UK, then an appeal must be lodged within 28 days following the date of service.
It is possible to resolve the issues at the time of the appeal being lodged. This depends on the grounds raised by the Home Office. Our UK Immigration Lawyers will look at the grounds of the refusal, check whether the evidences were supplied and advise on how best to appeal against the decision.
Getting help & legal advice on the Adult Dependant Relative visa?
At the starting point to this visa category, we advise both you & your sponsor’s to take legal advice, so we can check whether the requirements of the Immigration Rules have been met. As both Brexit & Immigration Law are changing, the Adult Dependant Relative visa is a complex application.
We understand that our Client’s wishes to bring their family members in the UK especially if they have elderly parents or siblings, who require both personal & emotional care. Our UK Immigration Lawyers understand the importance of family life and we consider that it may breach a person’s human rights if the Home Office interferes with that right.
The evidences will be assessed and our legal representation letter will set out both the factual matrix of the application as well as relevant policies & laws that are applicable to demonstrate that the Adult Dependant Relative visa are being met.
We appreciate the diverse challenges we face from 'No Win No Fee firms and 100% success rates'. ICS Legal are not in the business to provide such promises, after all we are not the Home Office. Our trust with you is based on our conversation, in spite of everything and above, all you are buying is our expertise & knowledge which we have.
We have been part of the immigration changes and will continue to be part of this, as we continue to support our Clients through their Adult Dependant Relative Visa application. You can contact us on 0207 237 3388 to get more information on how we can help you or you can email us on info@icslegal.com.
