Overview of the Adult Dependent Relative Visa
The Adult Dependent Relative Visa is a UK immigration route for certain adult family members who require long-term personal care from a relative living permanently in the UK.
The route is intended for people who need substantial assistance with everyday personal or household tasks because of age, illness or disability and who cannot obtain the required level of care in the country where they live.
This is a highly specific immigration route with strict eligibility requirements. Applicants need to provide detailed evidence concerning their health or care needs, family relationship and available care in their country of residence.
Who Can Apply?
An Adult Dependent Relative applicant must generally be aged 18 or over and be the:
- Parent
- Grandparent
- Son or daughter
- Brother or sister
of a qualifying sponsor in the UK.
The sponsor will generally need to be a British or Irish citizen, settled in the UK, hold qualifying protection status or have certain qualifying EEA status.
Long-Term Care Requirement
The applicant must demonstrate that, because of age, illness or disability, they require long-term personal care to perform everyday tasks.
This can involve assistance with activities such as:
- Washing
- Dressing
- Preparing food
- Moving around
- Taking medication
- Managing household tasks
- Other essential everyday activities
The requirement is more than simply demonstrating that the applicant would benefit from living with their family.
Medical evidence should clearly explain the applicant’s condition and the type of care required.
Care Must Not Be Available or Affordable
For an application for entry clearance, the applicant must generally demonstrate that the required level of care is not available or not affordable in the country where they are living, even with financial assistance from the UK sponsor.
This can be one of the most difficult aspects of an Adult Dependent Relative application.
Evidence may need to address:
- Availability of appropriate care
- Availability of family members who could provide care
- Cost of professional care
- Availability of suitable medical or care services
- The applicant’s financial circumstances
- The applicant’s specific care requirements
A general statement that care is expensive or difficult to obtain may not be sufficient.
Evidence of Medical and Care Needs
Medical evidence is likely to be important.
Depending on the circumstances, this can include:
- Medical reports
- Consultant letters
- Diagnosis records
- Care assessments
- Prescriptions
- Evidence of mobility difficulties
- Evidence of assistance required with everyday activities
- Evidence concerning current care arrangements
The evidence should explain the applicant’s actual functional needs rather than simply listing medical conditions.
Sponsor's Financial Responsibility
The UK sponsor must demonstrate that they can maintain, accommodate and care for the applicant without the applicant needing to rely on public funds.
The sponsor’s financial circumstances and accommodation will therefore be relevant.
The sponsor may need to provide evidence of:
- Employment
- Income
- Savings
- Housing
- Accommodation arrangements
- Existing care arrangements
- Ability to meet the applicant’s needs
The exact requirements depend on the sponsor’s immigration status and the particular application.
Applying From Outside the UK
An Adult Dependent Relative generally needs to apply for and obtain entry clearance before travelling to the UK.
The application should be supported by comprehensive evidence addressing every element of the route.
This is particularly important because applicants should not travel to the UK as visitors with the intention of subsequently making an Adult Dependent Relative application from inside the UK.
The route is primarily designed for entry clearance applications from overseas, subject to limited provisions for extensions.
Length of Permission
Where the sponsor is British or settled in the UK, an Adult Dependent Relative may be granted permission on a basis that allows them to remain in the UK without needing repeated extensions.
Where the sponsor has temporary qualifying status, the applicant’s permission may be linked to the sponsor’s immigration permission.
Settlement
An Adult Dependent Relative can potentially qualify for settlement depending on the sponsor’s status and the circumstances of the application.
The rules can differ from other family routes, so applicants should consider their long-term position when applying.
Common Difficulties
Adult Dependent Relative applications can be challenging because the requirements are strict.
Potential issues include:
- Insufficient medical evidence
- Failure to demonstrate a need for long-term personal care
- Evidence that suitable care is available overseas
- Evidence that care could be obtained at an affordable cost
- Insufficient evidence of the family relationship
- Financial concerns regarding the sponsor
- Inadequate accommodation evidence
- Previous immigration issues
A detailed assessment before applying can help identify gaps in the evidence.
How We Can Help
SWM Solicitors can advise applicants and UK sponsors on Adult Dependent Relative applications.
We can assist with:
- Assessing eligibility
- Reviewing medical and care evidence
- Assessing the availability of care overseas
- Reviewing financial circumstances
- Reviewing accommodation
- Confirming the family relationship
- Preparing supporting evidence
- Preparing the application
- Advising on extensions
- Advising on settlement
- Reviewing previous refusals