Adult dependant relative visa
Parents and grandparents age and some even face health issues. Many often live overseas, alone, and unable to access the care that they require. So, bringing them over to the UK, where they can be physically looked after and supported, seems like the next logical step. Sounds straightforward, right? Wrong. Securing a visa for an adult dependant relative can be extremely challenging to say the least. Here, we look at the key factors to be considered when preparing such an application.
Background
For those wishing to support their parent’s or grandparent’s application to relocate to the United Kingdom (UK), the adult dependent visa to be the most suitable option.
The adult dependant visa falls under the family visa categories of Appendix FM of the Immigration Rules.
The visa allows the adult dependant family member, in need of long-term personal care due to age, illness of disability, to travel to the UK to be cared for by their relative, providing that their relative is:
- a British citizen in the UK.
- a person settled in the UK.
- person in the UK with refugee leave or humanitarian protection.
- a person in the UK with limited leave under Appendix EU.
The application must be made from overseas and cannot be made from within the UK. Within the application, sponsoring family member, must demonstrate that the level of required care can only be provided in the UK and without the need for State support.
If the application proves successful, the adult dependant relative will be granted settlement status immediately.
The application process is extremely rigorous as UK Visas and Immigration (UKVI) are keen to avoid adult dependant relatives becoming reliant upon State and local authority support and the National Health Service (NHS).
If you would like assistance with an application for a visa application, or if you have any immigration questions, contact us now at info@thomaschaseimmigration.com or on +44 (0) 203 488 1061.
Requirements
The adult dependant relative, as the applicant, must evidence that as a result of age, illness, or disability, they will require long-term personal care. Here, the applicant must demonstrate that they require help performing everyday tasks, such as washing, dressing, and cooking.
In their guidance of 31 December 2020, UKVI cite the following examples to highlight the need for the adult dependant relative to require long term help to perform day-to-day tasks.
Example: A person (aged 70) lives alone in India. Her daughter lives in the UK; her son and his family live in the UAE. The daughter sends her mother money to pay for someone to do her cleaning but is concerned that her mother is becoming increasingly frail and forgetful. This would not meet the criteria as the applicant is able to perform everyday tasks and/or has help available with these tasks.
Example: A person, aged 26, entered the UK as a visitor. His parents and younger siblings are settled in the UK. The applicant lived in Canada to complete his higher education. He has diabetes which is managed by medication. This would not meet the criteria as the applicant is able to perform everyday tasks. Also, he cannot apply from within the UK.
The applicant must be unable, even with the practical and financial help of their relative, the sponsor, obtain the required level of care in the country where they are living. This must be due to the level of care being unavailable, with no person able to reasonably provide adequate care in the applicant’s home country. Alternatively, the level of care required must be available, but unaffordable. Read our earlier blog post for further details about the evidentiary requirements.
The adult dependant relative meets the suitability requirements of Appendix FM of the Immigration Rules.
In addition, UKVI must be satisfied that the adult dependant relative will be adequately maintained, accommodated, and cared for in the UK by the sponsor without the need for public funds. The sponsor will need to provide documentary evidence to demonstrate this, together with an undertaking to UKVI.
Considerations
UKVI will take the following into account:
Unable to receive the required level of care in the country where the adult dependant relative resides
One of the key reasons for the refusal of the adult dependant relative visa is that they fail to demonstrate that the applicant has no access to the required level of care in their country of residence. This is regardless of whether their family member in the UK provides practical and financial help.
The applicant must require a level of long-term personal care to perform everyday tasks because of their physical, emotional, or psychological needs, as set out by a doctor or other health professional.
The lack of access to such care can be due to affordability, geographical location, or lack of suitable individuals to provide the level of care needed. UKVI will look at the evidence and assess each case on its merits.
If the required level of care is available or affordable in the country where the adult dependant relative resides, UKVI will refuse the application.
In their guidance of 31 December 2020, UKVI provide for following example of how they may consider whether the required level of care can be secured in the adult dependant relative’s country of residence.
Example: A person, aged 30, has lived alone in Sri Lanka for many years. His parents are settled in the UK; other siblings live in the UK and USA. The person has recently been involved in a road accident and as a result has developed a long-term condition which means that he can no longer care for himself. The mother has been visiting Sri Lanka to care for her son but needs to return to the UK to care for her younger children. This could meet the criteria if the applicant can demonstrate that they are unable even with the practical and financial help of the sponsor to obtain the required level of care in the country where they are living because it not available and there is no person in that country who can reasonably provide it, or it is not affordable and other relevant criteria are met.
No person in that country who can reasonably provide support
As part of the application, UKVI will consider whether another person or organisation, can provide required level of care to the adult dependant relative in their country of residence.
If the adult dependant relative has a close family member, such as a son, daughter, brother, sister, parent, grandchild, grandparent, or a wider family member, UKVI will take this into account.
UKVI will consider whether the applicant has a friend, neighbour, or housekeeper, nurse or carer, or the assistance of a nursing home who may reasonably provide the applicant with the required care. One of our clients, Mustafi, wished to apply sponsor his elderly father’s application for an adult dependant relative visa. His father had the help of a carer to assist him with his day-to-day activities in Turkey. However, due to changes to his carer’s circumstances causing her to leave the position and the remoteness of Mustafi’s father’s location making it difficult for him to seek alternative arrangements, it became difficult for his father to access any care, let alone a sufficient level of care. Here, UKVI issued Mustafi’s father with an adult dependant visa after assessing all of the evidence.
In their guidance of 31 December 2020, UKVI provide for following examples of how they may consider whether anyone else in the person’s country may reasonably provide support to the adult dependant relative.
Example: A person, aged 25, has a learning disability that means he cannot feed, wash or dress himself. His parents (with whom he lived) have recently died in an accident and his only surviving close relative is a brother in the UK who has been sending money to the family for some time. The person has been cared for temporarily by family friends since his parents’ death, but they are no longer able to do this. The sponsor is unable to meet the costs of full-time residential care, but he and his family have sufficient financial and other means to care for the applicant in their home. This could meet the criteria if the applicant can demonstrate that they are unable even with the practical and financial help of the sponsor to obtain the required level of care in the country where they are living because it not available and there is no person in that country who can reasonably provide it, or it is not affordable (and other relevant criteria are met).
Example: A person, aged 85, lives alone in Afghanistan. With the onset of age, he has developed very poor eyesight, which means that he has had a series of falls, one of which resulted in a hip replacement. His only son lives in the UK and sends money to enable his father to pay for a carer to visit each day to help him wash and dress, and to cook meals for him. This would not meet the criteria because the sponsor is able to arrange the required level of care in Afghanistan.
Example: A person, aged 45, lives in China and was widowed 5 years ago. They are disabled and cannot perform everyday tasks for themselves. Their son lives in the UK. The person lives with their new husband in China. The son wants his mother to come and live with him in the UK. This would not meet the criteria because the applicant is in a subsisting relationship with a partner who is not the sponsor’s parent.
Adequately maintained, accommodated, and cared for
UKVI will assess whether the adult dependant relative has adequate accommodation in the UK, should the visa be granted. The sponsor must own, or exclusively occupy the property where the applicant will reside, and the applicant’s presence must not cause the property to become overcrowded.
To support the application, the sponsor, or the sponsor and adult dependant relative jointly, must demonstrate that they have sufficient funds available without recourse to State funds.
In their guidance of 31 December 2020, UKVI cite the following example of how they would consider whether the sponsor could adequately accommodate and maintain the adult dependant relative.
Example: A husband and wife, both aged 70, live in Pakistan. Their daughter lives in the UK. The wife requires long-term personal care owing to ill health and cannot perform everyday tasks for herself. The husband is in good health but cannot provide his wife with the level of care she needs. They both want to come and live in the UK. The daughter can care for her mother full time in her home as she does not work whilst her husband provides the family with an income from his employment. Her sister in the UK will also help with care of the mother. The applicant provides the ECO with the planned care arrangements in the UK. This could meet the criteria if the applicant can demonstrate that they are unable even with the practical and financial help of the sponsor to obtain the required level of care in the country where they are living because it not available and there is no person in that country who can reasonably provide it, or it is not affordable (and other relevant criteria are met).
Conclusion
The adult dependant relative visa has many benefits yet can be a difficult visa to secure. Each case is assessed on its individual merits and the evidential bar is high. are several key factors that UKVI will consider that we have outlined above. Such applications should not be undertaken lightly to avoid disappointment. An assessment of your family member’s prospects of qualifying for an adult dependant relative visa can be most beneficial. We also offer professional immigration assistance with preparing a visa application, to help the process go as smoothly as possible.
Written by Carla Thomas – Managing Director at Thomas Chase immigration.
Thomas Chase Immigration offer immigration assistance to individuals and families.
Call to action
If you have questions or concerns or you would like straightforward immigration advice, or help with applying for a visa, feel free to contact us.
Our processes are tried and tested and have proven successful. Yet, we know that each person’s circumstances are different and requires that individual touch when assisting you and when presenting the matter to UKVI.
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