Adult Dependent Relative Visa

What is the Adult Dependent Relative Visa?

The Adult Dependent Relative Visa is a UK family visa which allows an individual who requires long-term care to live in the UK with a close relative who is settled in the country. This visa is designed for elderly or dependent family members who need daily care and support and who cannot support themselves financially or perform everyday tasks without assistance. 

Applicants are required to demonstrate that they rely on the care and support of their UK-based relatives and that they cannot receive adequate care in their home country. The Adult Dependent Relative Visa is known for being a difficult visa to obtain, as the eligibility criteria are stringent and the application process is complex.

Eligibility requirements 

If you meet the following eligibility requirements then you may be eligible to apply for an Adult Dependent Relative Visa:

• The relative you intend to join in the UK is at least 18 years old.
• The relative your intend to join in the UK is either a British citizen or settled in the UK (with either refugee leave, humanitarian protection, or limited leave under Appendix EU).
• You are the parent, grandparent, sibling, or child of the relative you wish to join in the UK.
• You require long-term personal care to perform everyday tasks because of your age, an illness, or a disability.
• You are unable to access the required level of care needed in your country of residence because it is either not available, it is unaffordable, or there is no one in the country who could provide the care.

The long-term personal care requirement

To be eligible for an Adult Dependent Relative Visa, you must show that you require long-term personal care to carry out day-to-day tasks (i.e. dressing). You must need this personal care due to age, illness or disability. 

In addition to needing this care due to age, illness or disability, this level of care must not be available or affordable in your country of residence even with practical and financial assistance from third parties.

The Adult Dependent Relative Visa application will need to address why the following groups of individuals in their country of residence are unsuitable to provide the required level of care:

• A close family member;

• A wider family member; 

• Friend or neighbour; 

• Home-help; 

• Housekeeper; 

• Nurse;

• Carer; 

• Nursing/care homes.

Adequate accommodation and maintenance

As part of the eligibility requirements for the Adult Dependent Relative Visa, certain conditions regarding accommodation and maintenance must be met.

The accommodation in which the person coming to the UK to be cared for must be owned or exclusively occupied by the UK sponsor. This accommodation must comply with UK statutory regulations concerning overcrowding and public health.

In terms of maintenance, the Entry Clearance Officer must be satisfied that the sponsor in the UK is capable of adequately maintaining and providing the necessary level of care for the dependent relative. This means that the sponsor should be able to fulfil these responsibilities without having to rely on public funds. The means of maintenance can be provided solely by the sponsor or through a combination of funds available to both the sponsor and the applicant.

It is important to note that promises of financial support from third parties will not be considered acceptable. Moreover, while cash savings that originate from a gift can be considered as part of the maintenance funds, they must be under the control of the UK family member who is sponsoring the application.

The UK sponsor must be able to provide this adequate accommodation and maintenance for either:

• The whole time your relative has permission to stay in the UK; or

• 5 years, if your relative is a British citizen or settled in the UK.

Adult Dependent Relative Visa Supporting Documents

As part of the Adult Dependent Relative application, supporting evidence will need to be provided in order to satisfy the Entry Clearance Officer that the requirements are met. While the specific documents you will be required to provide is dependent on your case, it may be useful to provide the following pieces:

• Medical reports that demonstrate that your physical or mental conditions mean that you need long-term personal care to perform everyday tasks.

• Country reports. Including reports that highlight relevant information about the country of origin, such as medical facilities, availability of care, or social support systems, can strengthen the case.

• Cultural factors that should be considered (i.e. in certain countries women are unlikely to be able to provide support in some circumstances).

Additionally, as part of the application process the following will need to be provided:

• Evidence of sponsor's immigration status and financial ability: It is necessary to provide documentation verifying the immigration status of the sponsor and their capacity to financially support the dependent relative.

• Signed undertaking: A signed undertaking is required, confirming that public funds will not be accessed on behalf of the dependent relative.

It is worth noting that the Home Office guidance provides examples of potential scenarios and outcomes, which can be a useful reference during the application process.

Application Fees

The application fee for an Adult Dependent Relative Visa application made outside of the UK is £3,250. However, if the application is made within the UK, the fee is £1,048.

You may be required to pay an additional fee to attend a biometric at a Visa Application Centre, this fee is non-refundable, even if the application is refused.

Duration of Stay

The duration of your allowed stay in the UK depends on the status of your UK-based family member:

1. If your UK family member is British, Irish, or settled in the UK, your stay is unlimited, and there is no need to apply for an extension or settlement.

2. If your family member has protection status, such as leave to remain as a refugee, permission to stay as a refugee, or humanitarian protection, you can stay for as long as your family member remains in the UK. In this case, you will need to apply to extend your visa or to settle in the UK simultaneously with them.

3. If your family member has pre-settled status, they must have started residing in the UK before 1 January 2021. You can stay as long as your family member remains in the UK. It will be necessary for you to apply to extend your visa or to settle when they do.

How can Paragon Law help?

When it comes to Adult Dependent Relative Visa applications, it is of utmost important that a robust application is submitted. The Home Office rigorously scrutinises these applications, carefully evaluating factors such as care availability in the applicant's home country and adherence to all requirements.

At Paragon Law, our team of immigration lawyers understand the challenges associated with Adult Dependent Relative Visa applications which is why we will assess your circumstances and provide honest and tailored advice regarding the suitability of this visa. Once we have determined the best course of action, our immigration lawyers will then support you through the whole process. We will assist you through the application process, ensuring that you gather the required documents to meet the stringent requirements set by the Home Office.