Requirements for Adult Dependent Relative Visa United Kingdom for Elderly Parents

UK

Requirements for Adult Dependent Relative Visa United Kingdom for Elderly Parents

This article is related to the requirements of the UK adult dependent relative visa for the elderly under Appendix FM. It also provides information for relatives who are dependents such as sister, brother, and other family members.

Adult dependent relative visa for the UK

According to Appendix FM of the Immigration Rules, an adult-dependent visa is to enable a settlement route for a non-EEA adult who is dependent on the relative in the UK. The applicants are demanded to prove that because of age or disability or an illness, the person applying needs a certain level of long-term personalized care. Also, the relative who is in the UK (sponsor) is the only relative who can elucidate such long-term personalized care without appeal to public funds.

Sponsoring an Adult Dependent Relative

A person who is well settled in the United Kingdom can sponsor the Adult Dependent Relative to get a visa. A person who is settled might be either a British Citizen or a Permanent Resident or the person who is in the UK with humanitarian protection or refugee leave.

Getting an Infinite Leave to Remain

An adult-dependent relative of the British citizen or a well-settled person in the UK can usually get an Infinite Leave to Remain. But, the adult-dependent relative of the person in the United Kingdom with humanitarian protection or refugee leave, will get only an entry clearance that will expire at the same time as the sponsor’s leave.

Can an Applicant Switch to The Adult Dependent Relative Visa Route?

No, it is only for entry clearance applications from outside the United Kingdom. Therefore, an adult relative cannot switch into the ADR route from inside the UK.

How to Apply for A UK Adult Dependent Relative Visa?

An applicant has to make an application for an adult-dependent relative visa online.

UK Adult Dependent Relative Visa Requirements

An adult-dependent relative must meet the following requirements:

  1. The applicant must be the grandparent, parent, brother or sister, daughter or son aged 18 years or older of the UK sponsor who is in the United Kingdom
  2. As a result of illness, age, or any disability, the applicant must require long-term personal care for performing daily tasks. For instance, washing, cooking, dressing, etc.
  3. The applicant must be unable to obtain the required level of care in the country where he or she is living because it is not available, and no person in that country can provide it or because it is not affordable.
  4. The applicant must satisfy the Entry Clearance Officer (ECO) that she/he will get adequate accommodation, maintenance, and care in the UK by the sponsor without aid from public funds. Also, the UK sponsor needs to provide a signed 5-year undertaking for the adult-dependent relative entry visa application.

Long-Term Personal Care and Its True Meaning

As a result of illness, age, or any disability, the applicant must require long-term personal care to perform daily tasks, like, dressing, washing, or cooking. This means that they are incapable of performing such daily tasks for themselves. 

This situation may be recent, such as the result of a severe accident resulting in long-term incapacity, or it could be the result of severe deterioration in the applicant’s condition over past years.

What Must the Applicant Establish?

The applicant must establish that she/he has no access to the necessary level of care in the country where she/he is living, even with the financial and practical help of the sponsor in the United Kingdom. This could be because the necessary level of care is not available in his/her home country. And there is no person in his/her home country who can provide or afford to take care of the applicant.

No Person in Home Country Can Provide Adequate Care

The ECO must consider whether there is anyone in the applicant’s country who can provide and afford the required level of care. This person might be a close family member. For example, son, daughter, brother, sister, parent, grandchild, grandparent, a wider family member, friend, or neighbor. Or another person who can provide the care required, like, a home-help, housekeeper, nurse, care, or attention or nursing home.

If the applicant has more than one close family member in his/her country, those family members may be able to collectively pool resources to provide the necessary care. The concept of whether another person can ‘reasonably’ provide care may require consideration of such matters as the circumstances of that person, their location and other commitments, and their willingness to provide such care. The fact that a person or organization has been providing care for a long period suggests that they can continue to provide the required care. However, if the evidence suggests the temporary nature of care, or as to a change in circumstances, then the decision-maker may critically consider such evidence.

The provision of the required care in the applicant’s country needs to be reasonable, both from the perspective of the applicant and provider of the care.

The decision-maker usually keeps in mind any relevant and important cultural factors, such as in countries where women are unable to provide support in some circumstances.

Adequate Accommodation, Maintenance, And Care in the UK

  • The sponsor must either occupy or own the accommodation exclusively in which they will live in the United Kingdom. Also, the addition of the applicant must not contravene the UK lawful regulations on public health or overcrowding.
  • The applicant must satisfy that the sponsor will provide the required level of care and adequate maintenance in the UK without aid from public funds.
  • An applicant must also prove that he/she can meet the adequate maintenance fund requirements by solely relying on the sponsor. But, any combination of the funds available to the applicant and sponsor can also meet the maintenance requirements.

Documentary Evidence for The Visa

To apply for an adult-dependent relative visa, the applicant must provide evidence of the following

  1. Family Relationship
  2. Illness, Age or Any Disability Due to Which an Applicant Requires Long-Term Personal Care in The United Kingdom
  3. An Applicant’s Inability to Obtain the Necessary Level of Care in The Country Where They Are Living. Even with The Financial and Practical Help of The UK Sponsor
  4. Adequate Maintenance, Accommodation, And Care in the UK