The adult dependent relative visa is one of the more challenging UK visas to apply for. In this article, we explain the eligibility requirements, evidence needed and some common reasons for refusal.
If you are British, Irish or settled in the UK, and have a member of your family abroad who is in serious need of long-term personal care, you may wish to apply for them to join you under the adult dependent relative visa route in Appendix Adult Dependent Relative to the Immigration Rules.
In this article, we will briefly answer the most common questions on the subject of adult dependent relative visas.
Which degree of family member can apply?
The relative is eligible if they are the:
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Parent, aged over 18 years;
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Grandparent;
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Sibling, aged over 18 years; or
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Son or daughter, aged over 18 years
of a person in the UK who is British or settled.
What do I need to prove?
Put briefly, the rules state that the applicant must:
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as a result of age, illness or disability, require long-term personal care to perform everyday tasks;
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be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because:
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it is not available and there is no person in that country who can reasonably provide it; or
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it is not affordable; and
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evidence their sponsor’s ability to adequately maintain, accommodate, and care for the applicant without recourse to public funds.
How do I prove that my family member requires long-term personal care?
Collecting medical evidence which confirms the applicant’s health condition will be the necessary starting point. The level of care is stated by the Home Office to be:
a matter to be objectively assessed, with reference to the specific needs of the applicant. The level of long-term personal care must be what is required by the inpidual applicant to perform everyday tasks, in light of their physical needs and any emotional or psychological needs, in each case as established by evidence provided by a doctor or other health professional.
Further it is stated that:
The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living. This would be applicable where the sponsor’s parents or grandparents do not have access to the required care and there is no person in the country where they are living who can reasonably provide it or it is not affordable.
Essentially what is being said here, is that even if the sponsor has proven their financial ability to fund the long-term care of the family member in the UK, why can’t they use that funding to support them in their home country? Herein lies the root of why so many applications of this type are refused.
A successful application, therefore, must prove not only adequate maintenance in the UK, but also that care in the country of origin is either unavailable or unaffordable.
One may fulfil this requirement by submitting their application with evidence from a central or local health authority confirming that the level of care is no longer available, or, evidence of the unaffordable medical bills would suffice alongside an explanation as to why the payments cannot continue.
Read our guides to other types of visa
- Ancestry visa
- British national (overseas) visa
- Child student visa
- Fiancé visa
- Global talent visa
- Health and care worker visa
- High potential inpidual visa
- Innovator founder visa
- Scale up visa
- Schengen visa
- Senior or specialist worker visa
- Skilled worker visa
- Spouse visa
- Student visa
- Transit visa
- Visitor visa
- Youth mobility scheme visas
What does adequate maintenance mean?
In order to satisfy the requirement of adequate maintenance under this particular category, the applicant must provide documentary evidence of the care arrangements in the UK planned for them by their sponsor, of the costs of these arrangements, and of how those costs will be met by the sponsor.
How long can my family member stay?
If the application meets all of the requirements for entry clearance, they will be granted indefinite leave to enter. This means there is no time restriction to staying in the UK.
How often are adult dependent visa applications successful?
The Home Office does not record statistics for adult dependent relatives, which is a category of the rules the application is made under, but it is estimated that more than 90% of applications are unsuccessful, making the adult dependent visa one of the hardest application routes to successfully apply for.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
