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What are the eligibility requirements to apply for the UK Adult Dependant visa?
UK Adult Dependant visa eligibility criteria (entry clearance):
To successfully qualify as an adult dependant relative (entry clearance), you must be a parent, grandparent, sibling or child. In each case, you must be 18 years of age and above and are either ill, old-aged or disabled who requires extensive and indefinite care.
Further, you need to prove that:
- Your UK relative can support, accommodate and care for you without recourse to public funds for at least 5-years
- The treatment or care in your home country is not affordable or reasonable. Also, no other person in the country you live in can provide you with long-term personal care (including all the household tasks like cooking, washing, cleaning, etc.)
- You must provide extensive medical, identification and information reports
- You have not been convicted of any serious criminal offence and meet the character suitability requirements per Section S-EC: Suitability-entry clearance of Appendix FM
Additionally, your UK sponsor (relative) must also satisfy the following criteria. He/She must:
- Be a British or Irish National or,
- Have a pre-settled status (EEA nationals living in the UK before 1 January 2021) or,
- Have a settled status and provide proof of Indefinite leave to remain, settled status or permanent residence or
- Hold a refugee status or humanitarian protection
What are the rules for the Adult Dependent Relative (ADR) Route?
Before applying online for the ADR visa/route, understanding rules and regulations under adult dependent relative visa is essential.
According to the eligible sponsorship category, if your UK sponsor isn’t either settled or a British citizen with limited leave to remain status, then:
- You’ll also have a limited leave to remain with a similar validity as the sponsor’s limited leave without claiming public funds
- You (applicants) can then apply online for the entry clearance from outside the UK. Remember that you can’t switch to the ADR route in the UK unless you have an ILR status
- The stringent ADR policy is one of the means to minimise the UK taxpayers’ burden towards NHS and local authority social care benefits. This is true, in particular, when the adult-dependent relative could adequately avail the long-term care in their country of residence. Additionally, the ADR rules offer some pros. For instance, the sponsors of an Adult dependent relative can immediately settle in the UK with full British citizenship rights— complete access to NHS and other state benefits. Hence, ADR rules can overcome most of the concerns and financial gaps for both the applicants and the sponsors alike, should the economic circumstances change for the relative settled in the UK
What are the supporting documents needed to apply for a Dependent Adult Relative visa?
Before you apply for the ADR (dependent adult visa), your UK relative (sponsor) must provide the following evidence with undertaking.
Required documents for Dependent Adult Relative visa:
- Details of family relationship between you (the applicant) and your UK relative, provide birth or adoption certificates, etc
- Independent Medical records from doctors/ other professional therapist stating that the applicant explicitly requires extensive care due to inability to perform everyday household tasks due to mental and physical condition
- Evidence that the applicant cannot access adequate medical treatments / long-term care from their home country despite the full financial support from the UK’s sponsor
- A signed undertaking from the sponsor of an adult-dependent relative that they are responsible for providing sufficient support, accommodation, and long-term care ( as a result of illness, old age or disability) for at least five years
Once you have gathered all the supporting evidence, you should apply online using Appendix 1 VAF4A available on the UK’s government official website.
How long can I stay in the UK with Adult Dependent Visa?
Staying in the UK with Adult Dependent Visa
The duration of your stay would exclusively depend on the status of your relative (UK sponsor).
For example, you can live in the UK indefinitely if your family member is also settled / is British / Irish. On the contrary, you’ll have limited leave to remain in the UK if your relative is unsettled in the UK.
Accordingly, you’ll need to apply for extension or settlement if your family member living in the UK:
- Has a refugee/humanitarian protection status
- Has Pre-settled status
In these scenarios, you can stay as long as your relative is staying in the UK.
What should I do if my UK ADR visa application gets refused?
ADR visa refused. What’s next?
As with any other UK immigration visa refusals, it’s pervasive to have your ADR visa refused; especially under the following circumstances:
- When the sponsor proves the adequacy of financial maintenance requirements for their dependent relatives, applicants often fail to justify why this practical support wouldn’t be sufficient while staying in their home country
- Per the Home office guidance, the ECO (entry clearance officer) will assess the availability of;
- Other close family members, including friends, housekeepers, and neighbours from the applicant’s country of origin, who can still provide adequate care, including managing various household tasks. The chances of refusals are higher. However, regardless of this daunting experience, if you have the grounds, you can challenge the home office’s decision via Judicial Review/ Appeal.
What are the common reasons for Adult Dependent Visa Refusal?
As alluded to, ADR rules are pretty strict; hence, it is difficult to have your adult dependent visa approval on the first consideration.
The UK sponsor and the applicant lack substantial argument to justify:
- The latter (Dependent Adult) is not receiving the ‘reasonable’ or ‘required level’ of care from the country of origin, especially when the applicant lack medical evidence to back up his argument of requiring physical and emotional care solely provided by the UK sponsor
- Failing to meet the substantive ADR visa rules
Nevertheless, to avoid your frustration of getting Adult dependent visa refusals, you always have a way around to justify your arguments with more solid grounds to revert the refusal;
For instance: under ‘exceptional circumstances’ where ADR visa refusal would lead to precarious/unjustifiable circumstances, you can appeal based on Human rights.
Get Professional Help
To get the UK Immigration expert advice, guidance and support, reach out to our SRA-regulated Axis team. Call us now 0800 048 7573 for more information on formulating sound skeleton arguments and options available whether you are an ADR sponsor or the applicant. Maximise your chances of more favourable outcomes by booking an appointment with one of our friendly and qualified immigration expert.