ADULT DEPENDENT RELATIVE (ADR) VISA

Adult Dependent Relative (ADR) Visa Overview

The Adult Dependent Relative (ADR) visa allows individuals with significant ongoing care needs to join a close relative in the UK. Applicants must demonstrate that, due to age, illness, or disability, they require long-term personal care that can only be reasonably and adequately provided by their UK sponsor.

Eligibility and Indefinite Leave to Enter

To qualify, applicants must meet stringent criteria. If successful, they are granted indefinite leave to enter, allowing them to reside in the UK indefinitely. This applies if the sponsor is a British citizen or settled in the UK.

Limited Leave for Sponsors with Limited Leave

If the sponsor has limited leave to remain under an eligible category, the ADR visa will align with the sponsor’s limited leave. This visa comes with a no recourse to public funds condition. Once the sponsor applies for indefinite leave, the ADR visa holder can apply for indefinite leave to remain.

Entry Clearance and Further Applications

Applicants must apply from outside the UK, as switching to this route from within the UK is not permitted. However, those granted limited leave can later apply for indefinite leave to remain.

Policy Intent and Care Considerations

The ADR visa rules aim to minimise the burden on UK taxpayers by ensuring only those whose care needs cannot be met in their home country are admitted. Applicants sponsored by a British citizen or someone with settled status receive immediate settled status, granting full access to NHS and local authority services. This approach provides certainty about long-term status regardless of the sponsor’s financial changes.

Get Expert Guidance

For expert guidance and support with your ADR visa application, contact Axis Solicitors today.

Changes to Adult Dependent Relative Visas: Who Qualifies?

Following a 2020 Law Commission report that highlighted the complexity of the Adult Dependent Relative (ADR) visa rules and low approval rates, the government has clarified the requirements. These revisions were aimed at clarifying the process and increasing accessibility for eligible applicants.

Therefore, since March 2023, the Adult Dependent Relative (ADR) route is governed by Appendix Adult Dependent Relative, replacing the previous provisions in Appendix FM of the Immigration Rules. Nevertheless, the qualifying requirements remain, but have been restructured for clarity.

An adult dependent relative of a UK sponsor may include:

• A parent aged 18 years or over
• A grandparent
• A brother or sister aged 18 years or over
• A son or daughter aged 18 years or over

The UK sponsor, at the time of the application, must be aged 18 years or over and:

• A British or Irish citizen in the UK
• Present and settled in the UK
• Holding refugee leave or humanitarian protection in the UK
• An EEA national with limited leave to remain under Appendix EU

To find out if you or a relative qualify for the ADR visa, contact Axis Solicitors today.

Eligibility Requirements for Adult Dependent Relative Visas

To secure an Adult Dependent Relative visa, you must meet the criteria set by UK Visas and Immigration. 

The essential requirements are as follows:

1. Eligible Relationship: You must be:
   • A parent aged 18 years or over,
   • A grandparent,
   • A brother or sister aged 18 years or over,
   • A son or daughter aged 18 years or over, of a person residing in the UK who is also over 18 years old and is either:
   • A British citizen,
   • Settled in the UK,
   • Holding limited leave to remain in the UK under Appendix EU,
   • Granted refugee status or humanitarian protection.
2. Need for Long-Term Personal Care: You must require long-term personal care due to age, illness, or disability, which includes help with everyday tasks such as washing, dressing, and cooking.
3. Inability to Access Care in Home Country: You must demonstrate that you cannot obtain the required level of care in your home country despite financial support from your UK family member. This could be due to:
   • The unavailability of adequate care,
   • The absence of a close relative, home-help, housekeeper, nurse, carer, or care/nursing home who can reasonably provide the care, or;
   • The care being unaffordable.
4. Maintenance and Accommodation in the UK: Your UK family member must ensure you will be adequately maintained, accommodated, and cared for in the UK without accessing public funds. If your family member is a British citizen or settled in the UK, they must commit to a five-year undertaking to this effect.
5. Tuberculosis Test Certificate: You must provide a valid TB test pass certificate, if required.

The exact requirements vary depending on your personal circumstances. Many applicants continue to struggle to prove they meet the eligibility criteria. However, you can avoid costly mistakes and delays, by seeking guidance from an experienced immigration solicitor from the start.

Financial Requirements for the (ADR) Visa

To sponsor an adult dependent relative under the ADR visa category, the sponsoring relative in the UK must satisfy specific financial requirements. These requirements are there to ensure that the applicant is adequately supported without needing public funds during their stay in the UK.

Adequate Financial Support for ADR Visa

The sponsor must demonstrate their financial ability to support the dependent relative. Evidence of financial support can include:

• Recent payslips
• Personal bank statements
• Documentation of regular income

Accommodation and Living Costs for ADR Visa

The sponsor must prove they have suitable accommodation for the dependent relative. Additionally, they must cover all living costs, including:

• Utilities
• Food
• Other essentials

No Reliance on Public Funds for ADR Visa

Sponsors must prove that they will not rely on public funds to support the dependent relative. This includes refraining from accessing public benefits or welfare.

Duration of Financial Support for ADR Visa

The sponsor’s financial commitment must extend for at least five years, ensuring financial stability throughout this period.

By meeting these financial requirements, sponsors can ensure their adult dependent relative is well-supported, facilitating the successful approval of the ADR visa application. Proper documentation of the sponsor meeting the financial requirements is required for a successful application.

Get Guidance

For detailed information on what to expect regarding the financial requirements and the ADR visa application in the UK, arrange for a free initial assessment with Axis Solicitors as soon as possible.

Rules for the Adult Dependent Relative Route

Eligibility Criteria for the ADR Visa

To qualify for the Adult Dependent Relative (ADR) visa, applicants must demonstrate a need for long-term personal care due to age, illness, or disability. This care must be unavailable or unaffordable in the applicant’s country of residence.

Financial and Practical Challenges

Even if the health criteria are met, proving that necessary care is not accessible or affordable in the applicant’s home country can be challenging. Sponsors capable of maintaining and accommodating their relative in the UK for five years often struggle to show they cannot provide care in the relative’s home country.

Settlement and Temporary Permission

An Adult Dependent Relative is granted settlement if their sponsor is a British citizen or settled in the UK. If the sponsor has temporary permission, the dependent relative will receive temporary permission aligning with the sponsor’s leave. Once in the UK, they can apply for further permission to stay or settlement based on the sponsor’s status.

Specific Routes and Restrictions

There is a separate route under Appendix Hong Kong British National (Overseas) for an Adult Dependent Relative of a BN(O) Status Holder. The ADR visa is exclusively for applicants outside the UK, and switching into this route from within the UK is not permissible.

Human Rights Considerations

In certain situations, a dependent relative may apply for leave to remain on human rights grounds. If an overseas applicant does not meet all ADR requirements but refusal would breach Article 8 of the Human Rights Convention (resulting in unjustifiably harsh consequences), they may still be granted permission to enter the UK.

Applying from the UK

Applicants must apply for the ADR visa from outside the UK. However, if the Home Office finds that refusal would result in unjustifiably harsh consequences under Article 8 of the Human Rights Convention, permission to enter the UK may be granted despite unmet ADR requirements.

For expert guidance on the ADR visa application process, including eligibility criteria and required documentation, contact Axis Solicitors. Our immigration solicitors will assist you in creating a comprehensive and well-supported application.

Supporting Documents for the ADR Visa

To initiate the Adult Dependent Relative (ADR) visa application, your sponsor in the UK needs to gather the necessary documentation and submit a formal undertaking, demonstrating their capacity to meet your care and support needs.

Documentation for the ADR Visa

• Proof of Relationship: Birth or adoption certificates, marriage certificates (if applicable), and any other documents proving the familial relationship between the applicant and the UK sponsor.
• Medical Evidence: Independent medical reports from doctors or other healthcare professionals detailing the applicant’s physical or mental condition and the need for long-term personal care. This should include evidence that the applicant cannot perform everyday tasks due to their condition.
• Evidence of Unavailable or Unaffordable Care: This can be challenging to prove. You’ll need to provide evidence showing that the required care is either not available or is unaffordable in the applicant’s home country, even with financial support from the UK sponsor. This may include reports from local healthcare providers, government agencies, or social services.
• Financial Evidence from Sponsor: The sponsor must provide evidence of their financial ability to support the applicant without recourse to public funds for at least five years. This typically includes bank statements, payslips, or proof of other income sources.
• Accommodation Details: The sponsor must also provide proof of suitable accommodation for the applicant in the UK. This could be a tenancy agreement, mortgage statement, or a letter from the person who owns the property if it’s not the sponsor’s.
• Sponsor’s Undertaking: A signed undertaking from the sponsor confirming their commitment to providing accommodation, financial support, and care for the applicant for at least five years.

Additional Notes

• Application Form: It is possible to apply online using the specified application form on the UK government’s official website.
• Other Documents: Depending on the specific circumstances, additional documents may be required. 

Remember, it is always preferable to consult an experienced solicitor for professional advice, considering the challenging eligibility requirements of the ADR visa in the UK. Getting legal advice from the start may save you time and ensure that you avoid unnecessary costs. 

ADR Visa UK: Length of Stay & Sponsor’s Status

If you are planning on sponsoring a relative through the UK’s Adult Dependent Relative (ADR) visa, the first question you are wondering is probably how long they can stay. The answer will depend on your own immigration status.

How Long Can I Stay in the UK With an ADR Visa?

The length of your stay in the UK on an ADR visa depends entirely on your sponsor’s immigration status:

• Indefinite Leave to Remain (ILR/Settlement): If your sponsor is a British citizen, Irish citizen, or someone settled in the UK (with ILR), you will also be granted ILR. This means you can stay in the UK indefinitely.
• Limited Leave to Remain (LTR): If your sponsor has limited leave to remain under an eligible category, you will be granted LTR with a similar expiry date to your sponsor’s. This comes with the condition of “no recourse to public funds.”

Applying for Extension or Settlement:

• Sponsor with Refugee/Humanitarian Protection Status: If your sponsor has refugee or humanitarian protection status, you can stay in the UK as long as they do. You may need to apply for further permission to stay in line with your sponsor’s status.
• Sponsor with Pre-Settled Status: If your sponsor has pre-settled status, you will also receive pre-settled status. This allows you to stay in the UK for up to five years. After five years, you and your sponsor can apply for settled status if you meet the eligibility requirements.

Adult Dependent Relative Visa Refusal

The UK Adult Dependent Relative (ADR) visa process is notoriously complex. Even if you believe you meet all the criteria, a refusal is not uncommon. Nevertheless, you should be aware that there are ways to challenge the decision and alternative options.

Common Reasons for ADR Visa Refusals:

1. Insufficient Evidence of Care Need: The Home Office might not be convinced that the applicant requires long-term personal care that is unavailable or unaffordable in their home country.
2. Alternative Care Options: Entry Clearance Officers may believe that alternative care arrangements are available in the applicant’s home country.
3. Financial Concerns: Even if the sponsor meets financial requirements, the Home Office may have concerns about the affordability and availability of care in the applicant’s home country.

What Are Your Options?

Let us guide you through the options you have available for challenging an ADR Visa refusal.

Challenging the Refusal:

1. Administrative Review: If you believe there has been a caseworking error, you can request an administrative review within 14 days of receiving the refusal notice. This process allows for a review of the decision based on the original application.
2. Appeal to the First-tier Tribunal: If the administrative review is unsuccessful or not applicable, you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This formal legal process typically requires legal representation and must be initiated within 28 days of the refusal. This is an opportunity to present new evidence or arguments to support your case.
3. Judicial Review: Applicable in cases where there has been a legal error in the decision-making process. This option is more complex and requires legal assistance. It focuses on the legality of the decision rather than the facts of the case.

Additional Options:

• Reapply: In certain cases, it might be more practical to submit a fresh application, especially if the initial application had errors or missing information. This approach can sometimes be faster and less costly.
• Alternative Visa Routes: Depending on the circumstances, other visa types such as a Private Medical Treatment visa might be a viable alternative in a few cases.
• Human Rights Considerations: Under exceptional circumstances, if the refusal would lead to unjustifiably harsh consequences, an appeal can be based on human rights grounds, specifically under Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life.

Receiving an ADR visa refusal can feel crushing, but it is not the end of the road. Professional legal advice will allow you to take the best action based on your unique circumstances. 

Why Choose Axis Solicitors?

Our team of experienced immigration solicitors have successfully challenged ADR visa refusals for our clients. We also provide a convenient and remote free initial assessment as well as office meetings in Manchester, Birmingham or London. Our solicitors will do the work required to achieve the results you deserve.

Reach out to Axis Solicitors today to discuss solutions and take the first step towards a successful appeal or a new visa application supported by comprehensive documentation.