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March 10, 2023
Adult Dependent Relative Visa
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ADULT DEPENDENT RELATIVE VISA
The Adult Dependent Relative Visa category allows adult relatives of British citizens, settled persons, persons with Refugee Status or humanitarian protection to join them in the UK as their dependents. Adult relatives, who live overseas, and require long term day-to-day care as a result of age, serious illness or disability can obtain settlement in the UK if they can demonstrate that they are reliant on their British or settled relative for their long-term care and there is no one in their country of residence to provide the care they need.
Adult Dependent Relative Visa Requirements
In order to succeed in an application for an Adult Dependent Relative Visa you must demonstrate to the UK Visas and Immigration that:
- The Sponsor is a British citizen, a person with settled status, Refugee Status, humanitarian protection leave or leave under Appendix EU;
- You are over the age of 18;
- You are the Sponsor’s parent, grandparent, brother, sister, son or daughter;
- As a result of age, illness or disability, you are incapable of performing your day-to-day tasks (e.g., washing, cooking and dressing) – your illness or disability may have been caused recently such as illness or disability arising from a serious accident or an illness that has just been diagnosed or as a result of deterioration of health over many years;
- You cannot obtain the required level of care in your country of residence even with the practical and financial help of the Sponsor because the level/quality of care you require is unavailable in your country of residence and you have no other relative or family member who can provide the care you need.
- Your Sponsor will be able to adequately maintain and accommodate you in the UK without recourse to public funds (your sponsor will be required to sign a Sponsorship undertaking to confirm that they will cover your accommodation and maintenance for a 5 year period).
The specific requirements, that may be applicable to you, will differ depending on your circumstances. You may wish to seek expert advice from an immigration lawyer.
If you wish to apply for a Adult Dependent Relative Visa, speak to one of our specialised immigration lawyers for expert advice by completing our “Enquiry Form”.
Page Contents
What Are UK Spouse Visa Requirements ?
To successfully apply for a UK Spouse Visa, you must demonstrate to the UK Visas and Immigration that you meet:
- The suitability criteria outlined in Appendix FM annexed to the Immigration Rules;
- The Financial Requirements of an application for UK Spouse Visa, whereby you must have a gross annual earnings of at least £18,600 or savings of at least £62,500 if the applicant or the sponsor are unable to show income from employment or self-employment;
1.What Are The UK Spouse Visa Financial Requirements ?
In order to succeed in your application for a UK Spouse Visa, you will need to prove that you will be adequately maintained in the UK, if granted a UK Civil Partner Visa, without recourse to public funds.
To meet the UK Spouse Visa Financial Requirements, you will need to demonstrate that your British or settled partner (or if you’re living in the UK with a valid visa.
2.How Do I Meet The Spouse Visa UK Financial Requirements ?
The Spouse Visa UK Financial Requirements application can be met through one of the following sources:
Income generated from salaried or non-salaried income of the British or settled partner (or your own or joint salaried or non-salaried income where you are in the UK with a valid visa);
3.What is the Spouse Visa English Language Test?
In order to qualify for your Spouse Visa, you must be able to satisfy the UK Visas and Immigration that you speak and understand English at a required level depending on whether it is your first spouse visa application or an application for an extension of your spouse visa.
To meet the English Language Spouse Visa UK Requirements, you must demonstrate that you are:
- A Citizen of a majority English speaking country;
- You have passed an English Language test at Level A1 (if you’re applying for your first spouse visa) or A2 (if you are applying for an extension to your spouse visa) of the Common European Framework of Reference (CEFR); or
- You have been granted an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- You are exempt from meeting the English language requirement of a UK Spouse Visa application because you are over age of 65, have a disability that prevents you from sitting the English exam or that there are exceptional circumstances that prevent you from meeting the English language requirement prior to entry to the UK.
Where can I apply for an Adult Dependent Relative Visa?
To be eligible for an Adult Dependent Relative Visa you must apply from outside the UK. If you are already in the UK, you are not permitted to switch to an application for Adult Dependent Relative visa.
How long will I be granted a visa for?
If you meet all of the requirements set out above, you will be granted indefinite leave to enter (ILE).
Sponsor has Refugee Status or Humanitarian Protection Leave
If you meet all of the requirements of an application for Adult Dependent Relative visa and your Sponsor has Refugee Status or has humanitarian protection leave, you will be granted a visa for a period of time which is of a duration that will expire at the same time as the Sponsor’s leave in the UK.
What if you don’t meet the requirements of the ADR Application?
The Home Office’s published Policy Guidance accompanying the Rules for applications for Adult Dependent Relative Visa applications states that where you do not meet the requirements the decision maker should, before refusing your application, consider the following:
- First, whether your circumstances and those of your Sponsor are such that Article 8 ECHR – right to respect for private and family life – is readily engaged; and
- If Article 8 ECHR is engaged, whether there are any exceptional circumstances that a refusal of your application will amount to a breach of Article 8 ECHR because it would lead to unjustifiably harsh consequences for you and your Sponsor.
If the decision maker considers that refusal of your application will result in unjustifiably harsh consequences for you and your family members in the UK, you may be granted leave to enter the UK outside the Immigration Rules.
Refusal of an Adult Dependent Relative Visa Application
If your application for Adult Dependent Relative Visa is refused, you will be granted the right to appeal the decision to the Immigration & Asylum First-tier Tribunal, where an immigration Judger will look at your case and make a fresh determination after hearing your evidence.
However, if you believe that the UK Visas and Immigration’s reasons for refusal are justified and reasonable, e.g., if you had not provided the correct documentation or the required level of evidence, you can re-apply for an Adult Dependent Relative visa and ensure that you provide the necessary evidence and supporting documents.
Our lawyers can advise you, following detailed analysis of your case, on whether you should appeal the UK Visas and Immigration’s decision to refuse your application or submit a fresh application for an Adult Dependent Relative Visa. Our lawyers will provide you detailed advise on the merits of an appeal or a fresh application so that you are able to make an informed decision.
How our lawyers can help you with your Adult Dependent Relative Visa Application
Our lawyers are specialists in UK immigration law with almost a decade of experience. We have assisted hundreds of Adult Dependent Relative Visa applicants to prepare and submit successful Adult Dependent Relative Visa applications.
Our immigration lawyers can provide you expert advice on meeting the requirements of the Immigration Rules, carry out a detailed assessment of your prospects of qualifying for an Adult Dependent Relative Visa and can assist you with the preparation and submission of your immigration application.
Our lawyers combine creative energy with deep technical legal expertise to uncover innovative, out-of-the-box and unconventional strategies that help you succeed in your application even when you’re facing inherent challenges in meeting the requirements of an Adult Dependent Relative Visa.
We do this by deploying the following:
- Taking a holistic approach to analysing every facet of each case and formulating strategies to comprehensively address every element of the case;
- Bringing deep technical and substantive legal expertise;
- Collaborative strategizing among specialist lawyers, who operate at different levels of seniority, bringing a wealth of technical expertise, tactical know-how and diversity of perspective on your matter;
- Using Design Thinking to reframe the challenges you face with a view to redefining value and opening up the scope of solutions;
- Designing customised strategy to meet your specific challenges.
What this means for you?
If you instruct us to take on your case, our scope of work will comprise of the following:
- Taking detailed instructions to carry out a thorough analysis of your case;
- Assessing your eligibility for an Adult Dependent Relative Visa in line with the requirements as set out in the Immigration Rules Appendix FM: Family Members, the accompanying Policy Documents and the wider case-law jurisprudence;
- Notifying you of the strengths and weaknesses of your case;
- Advising you on strategies, where possible, to remedy the weaknesses in your case and better evidence the strengths of your case;
- Providing you detailed and customised advice on the documents you need to provide in support of your application;
- Reviewing your documents to assess whether they meet the evidential requirements of your application and to advise you if further documents are required;
- Drafting the application form to provide to you for review and, if required, amending the application in line with your observations;
- Preparing a detailed letter of representations to be submitted in support of your application;
- Submitting the application form online and arranging an appointment for the enrolment of your biometrics;
- Responding to any queries from the Home Office regarding your application
- Addressing any queries that you may have regarding your application and any issues arising relating to your immigration status;
- Corresponding with the UK Visas and Immigration (Home Office) to ensure a timely decision on your application.
WE CAN ALSO ASSIST WITH
Instructing a medical expert for an Adult Dependent Relative visa
In order to demonstrate to the UK Visas and Immigration that your illness or disability is of such severity that it prevents you from performing your day to day tasks, it is highly recommended that you support your application with expert medical reports. The medical reports are usually provided by specialist doctors who will provide a detailed prognosis and diagnosis in respect of your illness or disability, and make observations in relation to your ability to perform your day to day tasks in light of your particular medical condition.
Our lawyers regularly collaborate with a select panel of qualified and reputable experts. We can assist you in finding the most suitable medical professional and will provide detailed instructions and guidance to the medical professionals regarding your circumstances and the specific issues they need to address in their medical report.
Instructing a country expert for an Adult Dependent Relative visa
One of the requirements of an application for Adult Dependent Relative visa is to demonstrate that the required level of care is not available in the country where you are resident and that it cannot reasonably be provided by relatives in that country. Country experts are academic – e.g., university professors – or other professionals, who have deep and evidenced knowledge of political, social and cultural forces that are in play within particular countries and regions.
Our lawyers regularly work with a select panel of highly qualified Country Experts. We can assist you with finding the most suitable country expert to provide a report in support of your application and will provide detailed instructions and guidance to the country experts regarding your circumstances and the specific issues they need to address in their country expert report.
4.What are the UK Spouse Visa Adequate Accommodation?
To succeed in an application for UK Spouse Visa, you must show evidence that you will have access to adequate accommodation in the UK without recourse to public to funds. The UK Visas and Immigration will not deem your proposed accommodation in the UK adequate
5.How our lawyers can help you with your UK Spouse Visa Application.
Our lawyers are specialists in UK immigration law with almost a decade of experience. We have assisted hundreds of UK Spouse Visa applicants to prepare and submit successful UK Spouse Visa applications.
UK Visas and Immigration do not provide specific UK Spouse Visa Processing Time for reaching decisions on Spouse Visa Applications. However, it has historically announced that it aims to reach a decision on spouse visa applications submitted via the standard service within 6 months of the date of submission of the application.
Although in some cases, decisions can be made within 2 – 3 months of the date of submission of a UK Spouse Visa
Obtaining a property inspection report for an Adult Dependent Relative visa
In order to demonstrate to the UK Visas and Immigration that you meet the requirements of an application for Adult Dependent Relative Visa, you must prove that you will be adequately maintained and accommodated in the UK.
Our lawyers regularly work with highly qualified surveyors who have significant experience of providing property inspection reports that are tailored for immigration applications. We will be happy to arrange for a suitable property surveyor to visit your property and prepare a comprehensive property inspection report which you can submit in support of your application.
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