Are you planning to bring your parents/grandparents or children/siblings to the UK on Adult Dependent Relative (ADR) visa? If so, are you aware of the complex rules? Since 2012, the British govt. has tightened grips over the Adult Dependent Relative (ADR) visa category. Popular opinion claims that it’s a ban that’s masquerading as a visa category. The number of successful applications have plummeted in the recent years to mere two-digit numbers. The technicalities to be met in ADR visa applications call for comprehensively reasoned applications and detailed submissions, lest face refusal. However, in theory, the Home Office proposes to grant Indefinite Leave to Remain through ADR visas.
Eligibility to Apply for Adult Dependent Relative (ADR) Visa?
An ADR applicant must be the-
- Parent, aged 18 years or above; or
- grandparent; or
- brother or sister aged 18 years or above; or
- son or daughter aged 18 years or above
of a person (the ADR ‘sponsor’) who is in the UK.
And the ADR ‘sponsor’ must, at the date of application, be aged 18 years or above and either of the following:
- a British Citizen in the UK; or
- present and settled in the UK (for example: ILR holder); or
- in the UK with refugee leave or humanitarian protection.
It may be noted that, to be eligible, the parent or grandparent must not be in a subsisting relationship with his/her partner unless that partner is also the same sponsor’s parent or grandparent and is also applying for ADR visa at the same time. Notably, the ADR visa is valid only till the validity of the Sponsor’s leave to remain in the UK.
Requirements for Granting Adult Dependent Relative (ADR) Visa
Evidence to prove close relative relationship like a birth certificate is a must. Now, the primary reasons for bringing your close relative must be due to the following reasons: –
- The Applicant must as a result of age, illness or disability requires long-term personal care to perform everyday tasks.
- The applicant must be unable, even with the practical and financial help of the sponsor from the UK, to obtain the required level of care in the country where they are living, because-
- it is not available and there is no person in that country who can reasonably provide care; or
- the required level of care is not affordable.
Provided, along with the above two points, an undertaking signed by the sponsor, confirming that the applicant will have no recourse to public funds and the sponsor will maintain and accommodate the applicant for 5 years in the UK is also necessary.
Adult Dependent Relative (ADR) Visa,Why so Difficult?
The Home Office has made it complicated and harder to succeed in a colourable manner indirectly to reduce the number of intakes. This could be understood from the above two points and its proviso clause.
The two points refer to the requirement of inability of getting long-term personal care with everyday tasks like cooking, cleaning, washing, dressing, etc. In most of the applicants’ home-country, especially with financial help from the sponsor in the UK, it is hard to prove that the required level of care is not available. Also, the Home Office would consider whether there is anyone in the home-country who can reasonably provide the required level of care. Here, the term ‘anyone’ means:
- close family member, including son, daughter, brother, sister, parent, grandchild, grandparent; or
- a wider family member, friend or even neighbour; or
- another person who can reasonably provide the care required like a home-help, housekeeper, nurse, carer or care from nursing home.
Most notably, due to the requisite in the above proviso clause where the Sponsor undertakes to maintain and accommodate the Applicant in the UK for 5 years without any recourse to public funds, an adversely tricky presumption could arise asserting that the same Sponsor could easily afford to provide reasonable care to the applicant in the home-country.
How to Overcome Difficulties?
Applicants may rely on the following methods to overcome difficulties: –
Pertinently, the Home Office has clarified that the required level of care in the applicant’s home country is subjective and must be reasonable both from the perspective of the provider of the care and the perspective of the applicant. This could be pushed to claim any relevant cultural factors, such as countries where women, especially widows, are unlikely to be able to provide for themselves or for others.
Secondly, sudden/recent or severe change in circumstances of the Applicant to want the reasonable care would be advantageous. In an Applicant’s case where, illness or disability may have struck recently, for example a serious accident or severe deterioration of health resulting in poor and long-term incapacity, Home Office would be forced to give special consideration.
Though unfavourable facts like a person or organisation has been providing care to the Applicant in the home-country for a period may suggest that they could continue to do so, it could still be argued otherwise if evidence is provided as to the temporary nature of such care or as to a change in circumstances, inevitable enough to usher the Applicant to the UK.
Thirdly, the concept of whether another person can ‘reasonably’ provide care may require consideration of such matters as the location of that other person, his/her own circumstances and other commitments, and constant willingness to provide such care.
Even if your ADR visa application fails or where you may not be able to meet all the requirements, you can still maintain hope to bring your beloved close relatives to the UK. According to the Home Office Guidance to caseworkers, Exceptional Circumstances will fetch extra considerations:
- Whether the Human Right to respect for Private and Family Life under Section 8 of the European Convention is engaged; and
- if so, whether an ADR visa rejection would result in unjustifiably harsh consequences for the applicant or their family.
Worried to Prepare an Adult Dependent Relative (ADR) Visa Application?
You may be able to identify and relate to one or more of the above approachable methods to you and your family’s present conditions. Yet, due to the strictness, complications and difficulties involved in the ADR visa process, 90% applications wind-up in rejection. Hence, preferably, you may contact our immigration solicitors in London for Adult Dependent Relative visa category like the Legend Solicitors. Let us guide you formulate a suitable course of action with a conclusive visa application so as to leave no stone unturned.