Satisfying the Home Office Stringent Adult Dependent Relative Visa Requirements

The Adult Dependent Relative visa allows dependent relatives of a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK to join them in the UK. However, it is one of the most difficult visas to have granted in the UK since the Immigration Rules changed in July 2012 and the Home Office introduced its stringent requirements. This is why it is important that Applicants use legal representatives such as our specialist immigration team and lawyers in order to prepare the application as strongly as possible in order to give it the highest chance of success.

What is the Adult Dependent Relative Visa?

The Adult Dependent Relative Visa allows dependent relatives of a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK to join them in the UK. If the visa is granted then the Applicant will be given Indefinite Leave to Remain. Dependent relatives must be unable to perform everyday tasks as a result of age, illness or disability. Unfortunately, the threshold for this visa is considerably high since the rules were reformed in 2012.

Why is the Home Office granting few Adult Dependent Relative Visas?

The Home Office published a review of the Adult Dependent Visa in December 2016 which highlights that before the rules changed in 2012 there was an average of 2,325 Adult Dependent Relative visas that were granted per year, however since the new rules have been in place this figure had significantly dropped to an average of 162 per year. This average figure also includes those Adult Dependent Relative visas that were granted on appeal.

The reasoning behind the low number of Adult Dependent Relative visa being granted is down to a number of factors, undoubtedly including the Government’s aim to significantly reduce the UK’s net migration figure to the tens of thousands. It is widely known that Family Visas have been deeply impacted by this, with officials stating that migration has a negative impact on public services and low-paid workers. Consequently, this means that hundreds of families are being kept apart, especially vulnerable overseas relatives who rely on the support of their family members in the UK.

What are the main requirements for the Adult Dependent Relative Visa?

The Home Office requirements in relation to the Adult Dependent Relative Visa are stringent and difficult to satisfy. The main requirements that the Applicant must be able to demonstrate are:

  • over the age of 18 years;
  • can prove their relationship to the Sponsor as being a parent, grandchild, brother, sister, son or daughter;
  • that as a result of age, illness or disability, long-term personal care is required in order to perform everyday tasks;
  • even with the practical and financial help of the Sponsor, the Applicant is unable to obtain the required level of care in the country where they are living because:
    (a) it is not available and there is no person in that country who can reasonably provide it; or
    (b) it is not affordable.

Examples of “Everyday tasks” as given in the Home Office guidance include washing, cooking and dressing. Further, aunts and uncles are no longer considered as a suitable relationship.

Along with the Family Life as a Parent of a Child in the UK visa category, the Adult Dependent relative visa are the only categories under Appendix FM that is exempt from a minimum income requirement. Instead, Applicants are required to demonstrate that they can be adequately maintained, accommodated and cared for by the Sponsor without recourse to public funds.

Using Legal Representation to apply for an Adult Dependant Relative Visa

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to make an Adult Dependant Relative Visa application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully apply for an Adult Dependant Relative Visa

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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