Yesterday, the Immigration Team at Lexlaw was invited to attend the launch for the Joint Council for the Welfare of Immigrants (JCWI) report on Adult Dependent Relative rule (ADR). The launch took place at the House of Commons and the ADR report presented was a collaboration between JCWI and BritCits, a family migration campaigning organisation. A panel of nine discussed their views of the Immigration Rule, as well as how they have been affected by ADR and also lead an open discussion amongst the attendees.
Requirements of ADR & Examples of Scenarios
The Adult Dependent Rule came into force in July 2012, the rule allows elderly parents or grandparents of a permanent resident of the UK to join their family here in the UK. According to the Immigration Rules in order for an adult to be eligible as a dependent he/she would have to provide the following evidence:
- They require long-term personal care as a result of age, illness or disability;
- They are unable to receive the required level of care in their native country;
- They have no other family members or ties in the country they are residing; and
- The sponsor must show that they can adequately maintain, accommodate and care for the relative.
The Home Office gave examples of success and unsuccessful scenarios:
An woman from India aged 70 years old. Her daughter lives in the UK; her son and his family live in the UAE. The daughter sends her mother money to pay for someone to do her cleaning, but is concerned that her mother is becoming increasingly frail and forgetful. This would not meet the criteria as the applicant is able to perform everyday tasks and/or has help available with these tasks.
A married couple from Pakistan, both aged 70 years old. Their daughter lives in the UK. The wife requires long-term personal care owing to ill health and cannot perform everyday tasks for herself. The husband is in good health, but cannot provide his wife with the level of care she needs. They both want to come and live in the UK. The daughter can care for her mother full time in her home as she does not work whilst her husband provides the family with an income from his employment. Her sister in the UK will also help with care of the mother. The applicant provides the ECO with the planned care arrangements in the UK. This could meet the criteria if the applicant can demonstrate that they are 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 it not available and there is no person in that country who can reasonably provide it or it is not affordable and other relevant criteria are met.
Financial Impacts on UK Families
According to the report which gathered data from 111 questionnaires, 18 interviews with individual who have been affected by the Immigration Rule and corresponding with lawyers who have clients seeking to make an application under ADR. 62% of participants of the questionnaire stated their parents are financially dependent on them, along with 80% expecting their parents to be financially dependent on them in the future. The cost of travel has a significant impact on families in the UK, with 63% citing that their children are unable to visit their grandparents abroad on a regular basis.
One interviewee who is affected by the ADR stated:
“Financially, one visit costs around £1,200, so 4 visits annually is about £6,000, which is about the mortgage on a 6 bedroom house for 1 year. It is not viable in the long term. People are limited in how much leave they can take to care for parents, so this is a huge expense people have to pay to be with their families.”
Families affected by the ADR have also expressed the cost efficient benefit of having their parents come to the UK. They stated that having their children’s grandparents around them throughout their youth is both positive financially, as childcare at times can be unaffordable. Data showed the value of grandparental childcare in the UK as an estimated £7.3bn, 58% of participants in the questionnaire cited their or their partner’s reason for not working is down to childcare. The report also cited grandparents as being positive for their grandchildren’s development, socially and culturally.
Are you Affected by the Adult Dependent Relative Requirements?
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.
Contact us so that we can review your case and provide you with an assessment.