Personal Immigration

Adult Dependent Relative

Information

Are your parents or dependent adult family members living outside the UK and struggling to cope? Are you stricken with worry? Are you being let down by care arrangements in their home country? If so, contact us today. We are here to listen and help you sponsor your Adult Dependent Relatives to join you in the UK.

This visa category is for non-EEA adult dependent relatives of British citizens in the UK, persons settled in the UK, or persons in the UK with refugee leave or humanitarian protection status, who wish to settle here.

What are the requirements?

In order to qualify for an Adult Dependent Relative visa your Adult Dependents will need to satisfy UK Visas and Immigration that they:

  • Are your parent aged 18 years or over, grandparent, brother or sister aged 18 years or over or son or daughter aged 18 years or over of a person who is in the UK and that person is over 18 and either a British citizen, settled in the UK or a person with refugee leave or humanitarian protection status;
  • As a result of thier age, illness or disability, they require long-term personal care (that is help performing everyday tasks, e.g. washing, dressing and cooking);
  • They are unable, even with your practical and financial help from the UK, to obtain the required level of care in the country where they are living because it is either not available or there is no person (close relative, home-help, housekeeper, nurse, carer, care or nursing home) in the country who can reasonably provide it, or because it is not affordable;
  • You will need to evidence that your Adult Dependent Family members will be adequately maintained, accommodated and cared for in the UK by you, without you making any recourse to public funds whatsoever. You will be required to sign a 5-year undertaking to this effect.

The Adult Dependent Relative route is highly complex and there exists a double edged sword or 'catch 22' type situation within the rule itself. This is because even if the person applying for an Adult Dependent Relative visa does experience the high level of ill health required, it is difficult to show that even with their UK family member's support and financial help; they would be unable to obtain the required level of care in their home country because its either not available or it is not affordable. Most sponsors who are able to afford to maintain and accommodate their dependent relative for five years in the UK therefore will find it hard to prove that they cannot afford to provide care for that relative in their country of origin. With expert reprsenations, expert evidence, country research and good supporting evidence the impossible can be achieved.

It should be noted that this route is exceptionally difficult and highly prone to refusal. However, sucess with this type of application can and has been achieved at appeal on Human Rights Grounds. Also, this route is only available to applicants outside the UK. It is not possible to switch into this route from within the UK. Any application from inside the UK can still be made but this will be considered on its merits and strength of the Human Rights argument in favour.

Assuming an application is sucessful, your Adult Dependent Relatives will be granted Indefinite Leave to Enter and Remain.

We are specialist Immigration Solicitors and well versed in dealing with these types of applications. We offer consultations by appointment nationally.

At Kewalion & Co we endeavour to provide a five-star service by listening to our clients' needs, actually caring about their case and giving a high level personal service to each and every one.

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