The Adult Dependent Relative visa can be applied for by those who wish to settle in the UK and are adults who depend on a British Citizen, or a person settled in the UK, or even those who may have limited permission to stay in the UK under Appendix EU. Applicants may also depend on those with refugee leave or humanitarian protection status.
The ADR visa is governed by the Immigration Rules: Appendix Adult Dependent Relative. The requirements for validity are set out in paragraphs ADR 1.1 to 1.4, suitability in paragraphs 2.1 and 2.2 and eligibility in paragraphs 3.1 to 6.5. The eligibility provisions are the most important requirements, and the most difficult to meet. The ADR route sets a very high bar for eligibility to join a relative in the UK.
An applicant can also qualify directly under Article 8 of the European Convention of Human Rights. Paragraph 7.1 of Appendix ADR provides that where the decision maker is ‘satisfied that refusal of the application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their family, the applicant will meet the Article 8 ECHR eligibility requirement.’ However, these will be exceptional cases.
What are the key things you need to know?
Applicants must be related to the sponsor in one of the following ways:
Requirement for long-term personal care (ADR5.1):
Applicants must establish that they require long-term personal care and help in completing everyday tasks, e.g., washing, dressing, cooking. This could be because of age, illness, or disability.
Required level of care unavailable in the Applicant’s home country (ADR5.2):
An applicant may indeed require long term personal care, but they must also be able to show that the requisite level of care is not available in the country the applicant is living in; or that the care is not affordable. This is a tricky criterion to meet.
Financial requirement (ADR6.1):
A sponsor must be able to provide adequate maintenance, accommodation, and care for the applicant without access to public funds.
How to apply for an Adult Dependent Relative visa?
The application process is online. The form will need to be submitted with an Appendix 1 VAF4A.
Prior to submitting the application, all the necessary information and documents will need to be prepared, including statements as well as a written undertaking from the sponsor that they will be responsible for the applicant’s maintenance, accommodation, and care for at least 5 years without relying on public funds.
Evidence to include:
What if your Adult Dependent Visa application is refused?
A refusal will give rise to a right of appeal so that you can present your case before an independent judge of the First-tier Tribunal (Immigration and Asylum Chamber).
The ADR route is not available for persons already in the UK, unless they are already here on the ADR route. This difficulty arises most often when elderly relatives visiting the UK do not want to return home due to deterioration in their health while in the UK, or because the UK-based relatives realise that they cannot live alone.
In these circumstances, the only option is to apply on human rights grounds, raising Article 8 ECHR. While the ADR route will not directly apply, the requirements of that route will form the framework within which an application will be primarily considered by the Home Office, and if refused, on appeal by the First-tier Tribunal (Immigration and Asylum Chamber).
Further information and assistance
Each case will be different, and our dedicated and experienced team will guide you through the requirements and help you prepare the application and evidence.
Where there is a refusal, our team can assist you with submitting an appeal, and represent you throughout the appeals process.
Our barristers and dedicated paralegal team at Clarendon Park Chambers will be happy to discuss your case with you.
Contact us to book an appointment.
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