This visa is for adult dependent relatives of British citizens, people present and settled in the UK or in the UK with a refugee/ humanitarian protection leave to remain who as a result of age, illness or disability require long term personal care that can only be provided by a relative in the UK without any recourse to public funds.
This visa route is only available to applicants from outside the UK. It is not possible to switch to this visa from within the UK.
Requirements to be granted an adult dependent relative visa
- You must be outside the UK;
- You have made a valid application for entry clearance as an adult dependent relative;
- You do not fall for refusal under any of the suitability requirements;
- You meet all of the eligibility requirements.
Suitability requirements are set out in Appendix FM and are the same for all family visa applicants.
A person will be deemed unsuitable to be issued an adult dependent relative visa if:
- The exclusion of the person from the UK is conducive to the public good because of the person’s criminal record, character, associations or other reasons that make it undesirable to grant them entry clearance;
- The person is the subject of a deportation order;
- The person failed without reasonable excuse to attend an interview, provide information, provide physical data, or undergo a medical examination or provide a medical report;
- The person is deemed to be unsuitable for medical reasons;
- False information, representations or documents have been submitted in relation to the application or there has been a failure to disclose material facts in relation to the application whether or not that happened to the person’s knowledge;
- The person has failed to pay NHS charges;
- A maintenance and accommodation undertaking was not provided when required;
- The person failed to pay litigation costs awarded to the Secretary of State.
There are two sets of eligibility requirements that a person applying for entry clearance as an adult dependent relative has to meet:
- Relationship requirements;
- Financial requirements.
All of the following relationship requirements must be met:
- The applicant must be 18 years of age or over and a parent, grandparent, brother, sister, son or daughter of a person in the UK;
- If the applicant is a parent or grandparent of the person in the UK, he or she must not be in a relationship with a partner unless that partner is also the person’s in the UK parent or grandparent and he or she is applying for entry clearance at the same time;
- The person in the United Kingdom must also be 18 years of age or over and a British citizen, or a person present and settled in the UK, or in the UK with a refugee/ humanitarian protection leave;
- The person applying for adult dependent relative visa must as a result or age, illness or disability require long term care to perform everyday tasks, e.g. washing, eating, dressing, shopping etc;
- The applicant must be unable even with the help of the person in the United Kingdom to obtain the required care in their country of residence because it is either unavailable or unaffordable.
- The applicant must show that he or she will be maintained and accommodated adequately once in the UK by their UK sponsor without any recourse of public funds;
- If the person in the UK is a British citizen or present and settled in the UK, he or she will be required to sign an undertaking that they will maintain, accommodate and care for the applicant in the UK without any recourse to public funds for five years from the date of the arrival if the applicant is granted indefinite leave to remain.
For how long this visa is granted?
The length of the visa granted under the adult dependent relative visa route depends on the immigration status of the UK sponsor. If the person in the United Kingdom is a British citizen or present and settled in the United Kingdom, the applicant will be granted indefinite leave to remain. If the UK sponsor is a refugee or on humanitarian protection leave in the UK, the applicant will be granted visa expiring on the same day that the UK sponsor’s leave expires.
What if your visa is refused?
If your visa is refused you should be given a right of appeal. The time limit to exercise your right of appeal from outside the UK is 28 days.
We strongly advise to contact immigration professionals if your application is refused. Appealing against an immigration decision is a very complicated and lengthy procedure. You may be advised to reapply instead of appealing depending on your individual circumstances.
Why employ Anglia Immigration Law to help with your visa application?
In order to make a successful entry clearance application for an adult dependent relative visa you must not only meet all of the suitability and eligibility requirements, but also provide specified evidence to support your application.
They key to all successful visa applications is thoroughly prepared paperwork and our immigration team is well known for being brilliant at it.
We would take the following steps to ensure your application has best chance of success:
- We would take detailed instructions from you or your UK sponsor to advise if you meet all of the requirements;
- Using the information obtained from you we would prepare a list of documents you would need to gather to support your application. As this particular application involves submission of the evidence regarding medical condition of the applicant and care facilities available in the country of residence, we would help you to instruct necessary experts to obtain the documentation required;
- We would guide you through the application process helping to complete all the necessary application forms;
- We would draft detailed representations to the entry clearance officer to support your case.