If you are a British citizen , a recognised refugee or settled in the UK, you may wish to bring your parents or another adult dependant relative to join you in the UK.
Unfortunately this is no longer as easy or flexible as it used to be with a very high refusal rate.
In addition to the usual requirements for the Sponsor to be able to maintain and accommodate the applicant without recourse to public funds, the Rules require you to be able to show that
- As a result of age, illness or disability, you require long-term personal care to perform everyday tasks such as washing, cooking and dressing;
- You must be unable, even with your sponsor’s or another person’s practical and financial help, to obtain the required level of care in your home country because it is not available and there is no person (close relative, home-help, housekeeper, nurse, carer, care or nursing home) in your country who can reasonably provide it; or because it is not affordable.
This is more difficult because if a Sponsor can show they can afford to maintain and accommodate their dependent relative for five years, they then will find it hard to prove that they cannot afford to provide care for that relative in their country of origin. The rules refer to the required level of care within the country the applicant is from, which is a very wide test.
If you are granted an Adult Dependent Relative visa the applicant will be permitted to enter, and remain in the UK, indefinitely.
Where the substantive rules are not met, consideration will be given as to whether there are “exceptional circumstances”. An Entry Clearance Officer (ECO) will consider
- Family life exists between the UK sponsor and the them above and beyond the normal emotional ties
- There are exceptional circumstances that would render refusal a breach of Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family
With the Home Office application fee being £3250, it is advisable to take legal advice before submitting your application.
The Adult Dependent Relative visa route is only available to applicants outside the UK. It is not possible to switch into this route from within the UK within the Immigration Rules.
If you are granted an Adult Dependent Relative visa, you will be permitted to enter, and remain in the UK, indefinitely.
