The Adult Dependent Relative (ADR) visa offers a pathway for UK residents to bring elderly or disabled family members in need of long-term care to the UK. Given the stringent requirements, many initial applications face refusal, necessitating an appeal. This brief blog post will walk you through the overall ADR visa application process and the steps to take if your application is denied.

Understanding the Adult Dependent Relative Visa

The ADR visa is intended for individuals who are unable to receive essential long-term care in their home country due to age, illness, or disability, even with family support from the UK. This visa enables them to move to the UK where they can access the necessary care.

Eligibility for an ADR Visa

To be eligible for an ADR visa, applicants must meet several critical criteria:

• Medical Condition: Provide documented evidence that a physical or mental health condition prevents the applicant from performing everyday tasks.
• Unavailable Care: Demonstrate that adequate care is not available in the applicant’s home country.
• Relationship: The applicant must be a parent, grandparent, sibling, or child of a UK sponsor who is either a British citizen, settled in the UK, or holds a specific EEA nationality.
• Financial Support: The sponsor must prove they can financially support the applicant without accessing public funds.

Steps to Take After an ADR Visa Refusal

A refusal of your ADR visa application does not mark the end of your journey. Here are the steps you can take:

Appeal the Decision

You have the right to appeal to the first-tier tribunal within 28 days of receiving the refusal notice. This process involves:

• Submitting an Appeal: Prepare and submit your appeal bundles, including any new evidence that supports your case. This may involve gathering additional medical reports, affidavits from caregivers, and any other documentation that strengthens your application.
• Presenting New Evidence: If there were mistakes in the initial application or if your circumstances have changed, present this new evidence to strengthen your appeal. For example, new medical diagnoses, changes in care availability in the home country, or updated financial support details from the UK sponsor.
• Article 8 Considerations: Argue on the grounds of exceptional circumstances, such as a potential breach of Article 8 of the European Convention on Human Rights, which protects the right to family life. This could involve demonstrating the severe impact of separation from family members on both the applicant and the UK sponsor.

If Your Appeal is Dismissed

Should the first-tier tribunal dismiss your appeal, consider the following options:

• Appeal to the Upper Tribunal: If there was a legal error in the first-tier tribunal’s decision, you can escalate the appeal to the upper tribunal. This involves a more detailed legal review and requires identifying specific points where the first-tier tribunal may have erred in law.
• Submit a Fresh Application: Reapply for the ADR visa if there are significant changes in your circumstances or if you have substantial new evidence. For example, a significant deterioration in the applicant’s health or new evidence proving the lack of available care in the home country.

Should You Reapply?

Reapplying for an ADR visa is viable if there is significant new evidence or a considerable change in circumstances. However, a previous refusal might affect future applications. Consulting with a legal expert is essential to evaluate your case and determine the best course of action.

Seeking Professional Assistance

The ADR visa process can be complex, especially following a refusal. Professional legal guidance is crucial to achieving a favourable outcome. Contact immigration law specialists to discuss your case and explore your options for bringing your loved ones to the UK.

For expert advice and assistance with your ADR visa application or appeal, reach out to Axis Solicitors. We are here to help you navigate this challenging process. Our team can provide comprehensive support, from preparing your application and gathering necessary evidence to representing you during appeals and hearings.

Learn More

If you want to read more about the topic, visit the following page on our website: UK Adult Dependent Relative Visas.