Adult Dependent Relative Visa

An adult dependent visa allows foreign nationals to live in the UK for the purpose of receiving long-term care from a qualifying relative who is a permanent resident of the country.

Applicants seeking an Adult Dependent Relative visa must provide proof that a sponsored family in the UK is either:

• A British citizen or Irish
• Holding indefinite leave to remain (ILR), settled status under the EU Settlement Scheme (EUSS), or permanent residence from the EU/EEA (including Switzerland, Norway, Iceland, and Liechtenstein) with EUSS pre-settled status. Eligibility requires residency in the UK before 1st January 2021.
• Having refugee status or being granted humanitarian protection in the UK.

An applicant’s close relative residing in the UK must meet one of the following criteria:

• parent aged 18 or older
• grandparent
• sibling aged 18 or older
• son or daughter aged 18 or older

According to the Adult Dependent Relative Visa guidelines, an applicant cannot be in a relationship with a partner if they are a parent or grandparent of the sponsor. If the partner is also a parent or grandparent of the sponsor and both are applying to come to the UK together, then this criterion does not apply.

Adult Dependent Relative Visa Requirements

You must prove to UK Visas and Immigration that you are an adult dependent relative if they would grant you a dependent relative visa:

• You are a parent, grandparent, brother, or sister of an adult living in the United Kingdom who is at least 18 years old and who is a British citizen, a permanent resident, a person with limited immigration status, a refugee, or a person with humanitarian protection status;
• Also, you need long-term personal care (assistance with activities of daily living including bathing, dressing, and cooking) due to age, sickness, or disability;
• You will not be able to afford, or find a close relative, housekeeper, nurse, carer, care facility, or other appropriate provider in your home country to provide the level of care you need, even with the financial assistance of a family member in the UK;
• Without using public funds, your family member in the UK will provide for your basic needs, including housing, food, and medical treatment (a 5-year commitment to this effect will be required of any family member who is a British citizen or who has settled in the UK);
• You submitted a TB test pass certificate if needed.

The specific conditions that you must meet will differ based on your individual situation. Consult our immigration lawyer if you need legal guidance.

Long-Term Personal Care

The applicant must require ongoing support with daily activities, such as bathing, dressing, or cooking, due to advanced age, illness, or disability. Evidence must be provided to demonstrate their inability to manage these tasks independently.

As outlined in the ADR guidelines, the need for long-term care may arise from a sudden event, such as a severe illness or accident, or from a gradual decline in physical abilities over time.

Sponsor’s Physical Presence Required for Care

To be eligible for a UK Adult Dependent Relative Visa, applicants must not live with anyone who can “reasonably provide the required level of care.” This could encompass members of the immediate family like a parent, grandchild, sibling, or cousin. Additional members of the family, friends, or neighbours, as well as professionals like housekeepers, nurses, caretakers, or care facility, may also be included.

They may be eligible to combine their resources to pay for the necessary level of care if they have more than one close relative living in the same place, according to the guidelines.

We will also take into account other factors, such as the circumstances and willingness of those who could be able to offer care. Additionally, important cultural considerations related to care will be considered.

Adequate Maintenance and Accommodation

In order to proceed with an Adult Dependent Reliative application, the Home Office must be convinced that the individual seeking care can find appropriate accommodations that are either owned or occupied solely by the sponsor. Additionally, the Home Office will seek assurance that the addition of another family member will not violate public health or overcrowding rules.

In addition, the caretaker cannot rely on public assistance for the next five years if they do not have enough money to cover the necessary level of care.

No Active Criminal Records

To enter or remain in the UK, an applicant must be suitable. Thus, they must contribute to the public good while in the UK. A candidate’s criminal background, associations, personality, and behaviour are all factors that the Home Office takes into account. The applicant must not have a criminal record that includes any convictions or sentences handed down within the past seven years.

If you’re uncertain about your eligibility to sponsor a relative or to apply as a relative in need of care in the UK, our immigration lawyers at Rees Clayton are here to assist you. Call us for free consultation at 02033939272 or fill out our enquiry form today.