The immigration rules concerning adult dependent relatives (ADR) have been notoriously challenging to navigate since their overhaul in July 2012. With a staggering 96% of applications being refused between 2017 and 2020, it’s evident that this immigration route has one of the highest refusal rates. However, with the right legal guidance and sufficient evidence, it is possible to secure a successful application.
At DJF Lexvisa Solicitors, we understand the intricacies of this complex immigration route and are dedicated to helping clients prepare and submit strong applications. In this article, we provide an in-depth guide to the adult dependent relative visa, offering insights into the process and the crucial role that professional legal advice can play in securing a favourable outcome.
What Is an Adult Dependent Relative Visa?
An adult dependent relative visa is a specialised immigration route for individuals over the age of 18 who need long-term personal care due to age, illness, or disability. These visas are intended for those who can no longer receive adequate care in their home country and must rely on their relatives in the UK for essential support. It is not a general visa for parents, elderly relatives, or retired individuals.
The applicant must be either a parent, grandparent, child, or sibling of a UK-based sponsor. Relatives such as aunts, uncles, or cousins do not qualify under this visa category. Both parents and grandparents can apply as a couple if one meets the dependency criteria, providing they both require long-term care.
Sponsors must hold British citizenship, settled status, or protection status, or they must be European Economic Area (EEA) nationals with pre-settled status. While there are different rules for family members of settled EU citizens, this article focuses solely on the UK-specific adult dependent relative visa process.
Dependency Criteria
The definition of “dependent” is central to the adult dependent relative visa and consists of two main criteria under Appendix Adult Dependent Relative:
1. Long-term personal care for daily tasks: Applicants must require assistance with everyday tasks such as dressing, cooking, or companionship due to age, illness, or disability.
2. Inability to receive care in their home country: The applicant must demonstrate that they cannot access adequate care, even with financial assistance from the sponsor. This could be due to a lack of available care services or unaffordable care costs in their home country.
These criteria are notoriously strict, particularly the second. Many applicants may qualify under the first criterion but fail to meet the stringent requirements of the second. DJF Lexvisa Solicitors can assist you in understanding these nuances and guide you through collecting the necessary evidence to build a compelling case.
Proving the Need for Long-Term Personal Care
To succeed with an adult dependent relative application, it is critical to provide clear and comprehensive evidence of the applicant’s need for long-term care. This includes assistance with basic activities such as washing, dressing, feeding, or companionship. Additionally, emotional and psychological needs, often overlooked, must be included, as isolation and loneliness can significantly impact an individual’s health.
At DJF Lexvisa Solicitors, we work closely with our clients to ensure that all care needs are documented accurately. We understand how vital it is to demonstrate not just physical requirements but also the emotional support that only a close family member can provide. Our team will help you gather the necessary medical and psychological reports to substantiate these claims, giving your application the best chance of success.
Inability to Obtain Care in the Home Country
The second limb of the dependency criteria involves proving that adequate care is either unavailable or unaffordable in the applicant’s home country. This is often the most challenging aspect of an adult dependent relative visa application. The Home Office requires clear evidence that no one else in the applicant’s home country can reasonably provide the necessary care, and that paid or unpaid carers, as well as local institutions, are insufficient.
Applicants must provide extensive documentation showing why alternative care options are not viable. This includes medical reports, assessments from care facilities, and sometimes evidence of the economic conditions in the home country.
Our team at DJF Lexvisa Solicitors is experienced in compiling robust evidence to meet this criterion. We ensure that every piece of documentation is carefully reviewed and presented in a way that clearly demonstrates the necessity for the applicant to be cared for by their family member in the UK.
Medical and Psychological Evidence
One of the most critical components of an adult dependent relative visa application is medical evidence. The Home Office expects detailed reports from qualified professionals outlining the applicant’s medical condition, care needs, and the long-term prognosis. However, standard medical documents, such as test results or lists of medications, are often insufficient on their own.
Our leading solicitors guide you through the process of obtaining comprehensive reports from medical practitioners, including doctors, physiotherapists, psychologists, or social workers. These reports should cover:
– The applicant’s diagnosed conditions and current treatments
– A breakdown of daily care needs, including physical, emotional, and psychological support
– A prognosis, indicating whether the care needs are temporary or long-term
Our team ensures that every report is tailored to meet the specific requirements of the Home Office, providing a well-rounded view of the applicant’s situation and supporting a strong case for the visa.
The Importance of Legal Support
Navigating the adult dependent relative visa process without legal support can be overwhelming. With the high refusal rate, it is vital to approach the application as thoroughly as possible from the start. At DJF Lexvisa Solicitors, we specialise in preparing these complex applications, ensuring that every aspect of your case is supported by robust evidence and presented clearly to the Home Office.
Our experience with adult dependent relative visas allows us to anticipate challenges and proactively address potential issues before they arise. By working with us, you benefit from our comprehensive knowledge of immigration law and our commitment to helping you achieve a successful outcome.
Financial Requirements and Maintenance Undertakings
In addition to proving dependency, the sponsor must also demonstrate that they can provide adequate maintenance, accommodation, and care for the applicant in the UK without relying on public funds. Sponsors need to submit detailed financial evidence covering income or savings, depending on their situation.
Sponsors must also sign a maintenance undertaking, confirming that they will be financially responsible for the applicant for five years. This is a legally binding commitment, and any breach could result in the UK Government seeking reimbursement.
At DJF Lexvisa Solicitors, we ensure that all financial documents are in order and meet the strict requirements set out in the immigration rules. We will guide you through every step of the process, ensuring that all legal obligations are clearly understood.
Final Thoughts
Applying for an adult dependent relative visa is a challenging process, but with the right legal support, it is possible to secure a positive outcome. Our immigration experts, we are experts in preparing and submitting these complex applications, helping our clients gather the necessary evidence and present their case to the Home Office.
If you are considering an application for an adult dependent relative visa, contact DJF Lexvisa Solicitors today. Our dedicated team will work with you to ensure that every aspect of your case is meticulously prepared, giving you the best possible chance of success.