Since the introduction of highly restrictive rules for adult dependent relatives, there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. UK immigration law allows people to stay in the UK and bring their relatives or parents from abroad. However, applications for Adult Dependant Relative visas are only granted in very limited circumstances.
The Adult Dependant Relative visa rules prior to 2012 concentrated on financial dependence where the family member was over 65 or if under 65, with exceptional circumstances. The new Adult Dependant Relative visa rules aim to decrease the burden on the taxpayer through NHS and social care costs, taking into account where needs could be met in an individual’s home country. Furthermore, the rules aim to avoid imbalance between those relying just on wealth.
Significantly reduced approvals can be identified according to ADR visa application and latest approval statistics from 2012. Figures approved by appeals are also included.
Therefore, the figures themselves confirm a reduction in approval in the Adult Dependant Relative visa category, requiring detailed preparation of the ADR application and careful preparation of all potential options.
Adult Dependant Relative Visa (ADR) rules are only applicable when the care of the applicant cannot be adequately met for a long period of time in the home country and the sponsor is forced to do so in the UK. If approved, it will provide immediate settlement status in the UK and support from the NHS.
Requirements for Adult Dependant Relative Visa
To apply for an Adult Dependant Relative visa, the application cannot be made within the UK and must meet immigration rules. It should be submitted outside of the UK online and immigration rules do not allow switching to this route within the UK.
It must be signed that families in the UK do not rely on public funds and are properly maintained, accommodated and cared for in the UK. If an adult dependent relative visa is granted, the applicant can enter the UK and stay indefinitely.
Applicants must be the parent, grandparent, brother or sister, son or daughter of aged 18 years or over who is in the UK and either a British citizen, settled in the UK or a person with refugee leave or humanitarian protection status.
To do this, you need to submit a birth certificate or a relationship certificate.
- Age, disease or disability make daily life difficult and require long-term care to help. For example, there was an accident that was so serious that washing or cooking could not be solved alone, or the applicant's condition could have deteriorated due to the disease.
- Even with substantial and financial help from family members in the UK, the applicant will not be able to get the level of care in the home country. For example, in the country where they live, they may not be able to receive reasonable help or it is not financially affordable. They do not have close relatives, housekeepers, nurses, caretakers, or nursing homes.
- The sponsor should be able to show that they can maintain and accommodate dependants for five or more years.
The most difficult part is to prove that the applicant's country of origin is unable to take care of the applicant due to family, other children, relatives or poor medical systems.
Consideration in accordance with the application
In line with the guidance, ECO will consider the following:
“You must consider whether there is anyone in the country where the applicant is living who can reasonably provide the required level of care. This might be a close family member: son, daughter, brother, sister, parent, grandchild, grandparent; a wider family member, friend or neighbour; or another person who can reasonably provide the care required, e.g. a home-help, housekeeper, nurse, caretaker or care or nursing home.
The fact that a person or organisation has been providing care for a period may suggest that they can continue to do so: however, if evidence is provided as to the temporary nature of such care, or as to a change in circumstances, this must be carefully considered.
The provision of the care in the applicant’s home country must be reasonable both from the perspective of the provider of the care and the perspective of the applicant.
The ECO should bear in mind any relevant cultural factors, such as in countries where women are unlikely to be able to access support in some circumstances”.
Refusal of application
Where the substantive Adult Dependant Relative visa rules are not met, consideration will be given as to whether there are “exceptional circumstances”. An ECO will consider whether Article 8 right to respect for private and family life of the European Convention on Human Rights (ECHR) is engaged. The ECO will consider whether the decision would result in unjustifiably harsh consequences.