Following on from the Home Office changes of July 2012 to the Immigration Rules, we look at adult dependent relative visas. The changes are significant as they highlight the difficulties that may be faced by an applicant who is looking to obtain a UK Visa as an adult dependent relative. The changes to the Immigration Rules are the perfect example of the importance of legal advice when applying for an adult dependent relative visa. Many make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to enter the UK.
UK Immigration Rules: Adult Dependant Relative
We have summarised the Immigration Rules below, the said rules can also be found here:
- The visa applicant must be the relative of a British person (“the sponsor”) who is in the UK.
- If the visa applicant is the British sponsor’s parent or grandparent they must not be in a relationship with a partner unless that partner is applying for entry clearance at the same time as the visa applicant.
- The sponsor must at the date of application be a British Citizen in the UK or present and settled in the UK or in the UK with refugee leave or humanitarian protection.
- The visa applicant or, if the visa applicant and their partner are the British sponsor’s parents or grandparents, the applicant’s partner, must require long-term personal care.
- The visa applicant or, if the visa applicant and their partner are the sponsor’s parents or grandparents, the visa applicant’s partner, must be unable, even with the help of the British sponsor, to obtain care in the country where they are living.
Visa applications as an Adult Dependent Relatives cannot be made from the UK; all applications must now be made out of the country.
Evidence for Visa Applications
The Home Office have strict evidential requirements as per the Immigration Rules, some of these are as follows:
- Evidence of the family relationship between the visa applicant(s) and the British sponsor should take the form of documentary evidence.
- Evidence that the visa applicant requires long-term personal care.
- Independent evidence that the visa applicant is unable, even with the help of the British sponsor in the UK, to obtain the care in the country where they are living.
- If the visa applicant’s required care has previously been provided through a private arrangement, the visa applicant must provide details of that arrangement.
- If the visa applicant’s required level of care is not affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment.
- If financial support has been provided by the British sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.
UK Home Office Policy & Guidance
The changes to the Immigration Rules are the perfect example of the importance of legal advice when applying for an adult dependent relative visa. Many make the mistake of providing insufficient documentation and thus fail to evidence their recognised entitlement to enter the UK. If a visa application is submitted to the Home Office without evidence which clearly demonstrates an applicant’s situation by meeting the Home Office guidance, policy and Immigration Rules then the application is likely to be refused as will any subsequent appeal for the same reason.
Case Law & UK Immigration Tribunal (IAC)
The immigration tribunal has not set aside a reported case to specifically interpret the provisions for Adult Dependent Relatives under the Immigration Rules. The requirements of the Immigration Rules do appear to set a significantly high standard of proof however the Immigration Tribunals have discretion to consider the Home Office Policy and guidance and the specific facts of each case as per the circumstances of each appellant. In particular it can be possible to consider cultural factors when it comes to adult dependent relative visas. Cultural factors do not stand alone and often different visa applicants hold more than the normal emotional ties with their sponsors which may then demonstrate that a visa applicant should be granted entry into the UK when considering the British Sponsor’s human rights under Article 8.
A recent example of establishing that a British Sponsor’s human rights are engaged is the recent case of Kaur (visit appeals; Article 8) [2015] UKUT 487 (IAC). The appellant in the said case was an 83 year old mother of the British sponsor. She wanted to visit her family in the United Kingdom. The case considered a visit visa application and was refused by the Home Office. It is however an example of the Immigration Tribunal exercising discretion and finding that the British Sponsor’s human rights were in fact engaged.
This demonstrates that even where immigration Judges in the Immigration Tribunal find that a matter falls beyond the scope of the immigration rules and where it is often clear that the Appellants do not meet the same following persuasive legal representations from solicitors, they can find that an Appellant’s Article 8 rights have been engaged. Taking into consideration the relevant case law, the learned Judges can allow appeals in favour of appellants.
Successful Adult Dependant Relative Visa Application
Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a visa application to the UK step by step and limit the possibility of failure by complying with the strict letter of law. If you have had a visa application refused and you have been given the right to appeal, contact our expert immigration team for legal advice. Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through your appeal process step by step.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 02030110276 for a telephone assessment and case assessment.