Adult Dependent Relative Visa UK – Guidance for Family Carer Applications
Mr. Sajjad Kayani
Overview
The Adult Dependent Relative Visa UK, also known as the Family Carer Visa is designed for elderly or disabled family members who need long-term personal care from their relatives settled in the UK. You must be a sibling, parent, grandparent, or adult child of someone who has British nationality, settled status in the UK, or is in the UK as a refugee or on humanitarian protection. You must also require long-term personal care due to a disability, illness, or old age. This visa can only be applied for from outside the UK, as you cannot switch to this visa if you are already in the country.
Our Adult Dependent Visa solicitors provide comprehensive assistance for ADR visa applications. Our Family Visa solicitors can guide you through the eligibility criteria and application process.
Table of Contents
Introduction
Additionally, your sponsor must meet specific financial requirements and provide a written undertaking to confirm this.
Our experienced Adult Dependent relative Visa solicitors can offer tailored advice to ensure you meet all requirements before submitting your application. We also guide all other Family Visa routes.
The applicant must be a parent, sibling, child, or grandparent aged 18 or above, while the UK sponsor must be a British national, an individual with refugee status, an individual with humanitarian protection, an EEA national with limited leave to remain, or a resident with permanent settled status in the UK. The sponsor must also be over 18 years of age at the time of application.
If your visa application is refused, you can seek an administrative review or appeal to the First-Tier Tribunal. Our solicitors can help you make the right choice and provide tailored advice in case of visa rejection.
As part of your visa application, you must provide documents to confirm the relationship between the applicant and the UK sponsor, medical evidence, evidence of the need to come to the UK, proof of care, and proof of accommodation. Our solicitors can help you gather these documents and ensure a complete visa application.
General requirements for this visa include
- Demonstrating a need for long-term personal care,
- Proving that you cannot receive the required maintenance in your home country, and
- Showing that your UK sponsor can provide adequate care and accommodation upon your arrival in the UK.
HowTo apply for an Adult Dependent Visa, the applicant must follow these steps
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Complete the online application form (Form VAF4A) accurately and honestly on the UK government website.
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Gather all necessary supporting documents, such as proof of relationship, medical evidence, and financial documentation.
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Pay the application fee of £3,250 using an accepted payment method.
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Schedule an appointment at a visa application centre to provide biometric information and submit supporting documents.
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Attend the appointment with the appointment confirmation, passport, and all required documents, ensuring they are original and up-to-date.
Required Documents
The following documents are required for an Adult Dependent Visa application:
- A valid passport or travel document with at least one blank page for the visa.
- Proof of relationship to the UK sponsor (e.g., birth certificate, marriage certificate).
- Medical evidence shows long-term care needs (e.g., doctor's letters, medical reports).
- Proof that adequate care cannot be accessed in the applicant's home country (e.g., letters from medical professionals and information about the healthcare system in their country).
- Proof of the sponsor's ability to financially support the applicant without recourse to public funds (e.g., bank statements, pay slips, employment contracts).
- Evidence of the sponsor's immigration status in the UK (e.g., British passport, Biometric Residence Permit).
- If applicable, tuberculosis (TB) test results from an approved clinic.
Tips for Success
To ensure a successful application, the applicant should
- Provide complete and accurate information.
- Organize their documents.
- Submit their application well in advance.
- Consult with immigration experts like Kayani Legal.
Common Reasons for Refusals
The following are common reasons for Adult Dependent Visa application refusals:
- Insufficient evidence of relationship.
- Lack of evidence of long-term care needs.
- Need adequate proof of financial support.
- Misrepresentation or fraud.
Visa Extensions and Changes
Adult Dependent Visas are granted indefinitely, allowing the applicant to remain in the UK as long as their sponsor can continue to provide care. If circumstances change and the applicant needs to switch to a different visa category, they must meet the requirements for that category and submit a new application.
Rights and Restrictions
Adult Dependent Visa holders can live in the UK with their sponsor and receive care. However, they need help to work, access public funds, or use the National Health Service (NHS) for free. They must also leave the UK after their visa validity period if their sponsor can no longer provide care.
Case Studies and Success Stories
Kayani Legal has successfully helped many individuals apply for an Adult Dependent Visa.
Case Study 1
An elderly parent with a chronic illness was granted an Adult Dependent Visa after Kayani Legal demonstrated the unavailability of adequate care in their home country and the financial stability of their UK sponsor.
Case Study 2
A disabled adult sibling successfully obtained an Adult Dependent Visa after Kayani Legal helped gather substantial medical evidence and proof of a robust and genuine relationship with their UK sponsor.
Case Study 3
Despite initial complications, an Adult Dependent Visa was granted to a grandparent needing long-term care after Kayani Legal addressed concerns about financial support and the sponsor's ability to provide care.
Case Study 4
A previous application refusal was overturned, and an Adult Dependent Visa was granted after Kayani Legal helped an applicant gather additional evidence and resubmit a more robust application.
Case Study 5
An adult child with a rare medical condition was granted an Adult Dependent Visa after Kayani Legal successfully demonstrated the unique care requirements and the UK sponsor's ability to meet those needs.
Case Laws on Adult Dependent Visa
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R (on the application of Agyarko) v SSHD [2017] UKSC 11
The Supreme Court clarified the requirements for adult dependent relatives under the Immigration Rules, stating that applicants must prove insurmountable obstacles to family life continuing outside the UK.
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Britcits v SSHD [2017] EWCA Civ 368
The Court of Appeal upheld the lawfulness of the financial requirements for adult dependent relatives, finding them to be consistent with the right to respect for private and family life under Article 8 of the ECHR.
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R (on the application of Kaur) v SSHD [2015] EWHC 29 (Admin)
The High Court ruled that the application of the financial requirement to adult dependent relative applications does not discriminate against elderly applicants.
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R (on the application of Simak) v SSHD [2015] EWHC 86 (Admin)
The High Court found that the requirement to demonstrate "exceptional circumstances" in adult dependent relative applications is compatible with the right to family life under Article 8 of the ECHR.
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R (on the application of MM (Lebanon)) v SSHD [2017] UKSC 10
The Supreme Court determined that the minimum income requirement for adult dependent relatives is not inherently unlawful, but its application may be disproportionate in individual cases.
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R (on the application of Ravi) v SSHD [2021] EWHC 1695 (Admin)
The High Court clarified that the "insurmountable obstacles" test applies to both applications for leave to enter and leave to remain as an adult dependent relative.
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R (on the application of Javed) v SSHD [2018] EWHC 3479 (Admin)
The High Court found that the language requirement for adult dependent relatives does not infringe on the right to family life under Article 8 of the ECHR.
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R (on the application of Gurung) v SSHD [2013] EWHC 64 (Admin)
The High Court established that it is not unlawful for the Immigration Rules to distinguish between different types of family members, including adult dependent relatives when assessing eligibility for visas.
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R (on the application of Quila) v SSHD [2011] UKSC 45
The Supreme Court ruled that the age requirement for adult dependent relatives could not be applied blanketly and must be considered on a case-by-case basis to ensure compatibility with Article 8 of the ECHR.
Find Your Answer
Frequently Asked Questions
An Adult Dependent Visa, also known as an Adult Dependent Relative Visa, allows individuals settled in the UK to bring their elderly or dependent adult family members to join them. This visa category falls under UK Immigration Law and Rules, ensuring that dependent relatives receive adequate care and support.
Adult family members of British citizens, individuals with indefinite leave to remain, or those with refugee status or humanitarian protection in the UK can apply for this visa. The dependent relative must require long-term care due to age, illness, or disability, and the care must be unavailable or unaffordable in their home country.
To qualify, applicants must demonstrate that they:
- Are related to the UK sponsor as a parent, grandparent, sibling, or child over 18.
- Require long-term personal care due to age, illness, or disability.
- They cannot access the required care in their home country because it is unavailable or unaffordable.
- Their UK sponsor financially supports them without recourse to public funds.
- A valid passport or travel document./li>
- Proof of relationship to the UK sponsor./li>
- Medical documentation detailing the applicant's care needs./li>
- Evidence of the UK sponsor's financial ability to support the applicant./li>
Why Choose Kayani Legal for Your Adult Dependent Visa Application
Kayani Legal offers unparalleled expertise and comprehensive support for Adult Dependent Visa applications under UK Immigration Law. Here are the key benefits of choosing us for your case:
Expertise in Family Immigration Law
- Kayani Legal specialises in family-based immigration cases, including complex Adult Dependent Visa applications.
- We are deeply familiar with the requirements under Appendix FM of the Immigration Rules and can provide tailored legal advice to meet the stringent criteria.
Thorough Case Preparation
- Our solicitors meticulously review and prepare your application, ensuring that all required documentation is accurate, complete, and persuasive.
- We address challenging areas such as proving the necessity of long-term care and the unavailability of suitable support in the applicant's home country.
Focus on Demonstrating Compassionate Circumstances
- We emphasise the compassionate aspects of your case, which are critical to gaining Home Office approval.
- Our team builds a compelling argument highlighting why your family reunification is essential and meets the legal threshold for approval.
High Success Rate in Complex Applications
- With a proven track record of success in handling intricate immigration cases, Kayani Legal is adept at navigating applications that require exceptional attention to detail.
- Our experience in overcoming common barriers, such as financial requirements and medical evidence, gives you a significant advantage.
Transparent and Client-Centric Service
- At Kayani Legal, we prioritise open communication, keeping you informed at every step of the application process.
- Our pricing is competitive and transparent, with no hidden costs, ensuring you receive exceptional value for the legal services provided.
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