Overview of Adult Dependent Relative Visa
The Adult Dependent Relative Visa, also known as the Adult Dependent Relative route, is a type of visa available for individuals who are dependent on a close adult relative who is either a British citizen or settled in the UK. This visa allows adult dependents to join their sponsoring relative in the UK and receive long-term personal care and support.
The Adult Dependent Relative Visa is designed for individuals who are unable to perform everyday tasks in their home country due to age, illness, or disability. To be eligible for this visa, the applicant must demonstrate that they require long-term care that can only be provided by their close family member in the UK.
It is highly recommended to seek expert advice from immigration lawyers or professionals specializing in family visas to navigate the complex requirements and ensure a successful visa application. Immigration lawyers can assist in gathering the necessary documentation, assessing eligibility, and submitting a strong case to the Home Office.
If the Adult Dependent Relative Visa is granted, the applicant will be allowed to remain in the UK on a permanent basis and can access healthcare services provided by the National Health Service (NHS). They may also be eligible for social benefits, but they will be responsible for their own expenses, including council tax.
Who qualifies as an Adult Dependent Relative?
An adult dependent relative is a family member who qualifies for an Adult Dependent Relative Visa, also known as an adult dependent visa or adult dependent relative visa. This visa category is designed for individuals who are dependent on a close adult relative who is either a British citizen or has settled status in the UK.
To qualify as an adult dependent relative, the individual must meet several criteria. Firstly, they must establish a dependency on their sponsoring relative due to age, illness, or disability. This means they are unable to perform everyday tasks in their home country and require long-term personal care and support.
The sponsoring relative must be either a British citizen, settled in the UK with indefinite leave to remain, or have been granted refugee status or humanitarian protection. They should be able to adequately maintain, accommodate, and support the adult dependent relative without relying on public funds.
The immigration rules recognize the importance of private and family life and allow individuals to apply under the adult dependent relative route in exceptional circumstances. This acknowledges that in certain situations, the care required by the adult dependent relative is not available or affordable in their home country.
Evidence from health professionals or local health authorities may be required to demonstrate the applicant’s health condition and the unavailability of adequate care in their current country. This evidence supports the visa application and strengthens the case for joining the sponsoring relative in the UK.
It is advisable to seek the assistance of immigration lawyers or experts in family visas to navigate the complex immigration rules and ensure a strong visa application. They can provide expert advice, guide applicants on gathering the necessary documentation, and help present a compelling case to the Home Office.
If the visa application is successful, the adult dependent relative will be granted leave to remain in the UK on a permanent basis. They can access healthcare services and other necessary support within the UK. However, it is important to note that this visa category is subject to strict requirements, and the decision-making process can be challenging.
In cases where a visa application is refused, there may be options for administrative review or appealing the decision to the First-tier Tribunal. Immigration lawyers can provide guidance and assistance in pursuing these avenues and ensuring that the applicant’s rights are protected.
Overall, the adult dependent relative visa provides a means for close family members who require long-term care and support to join their sponsoring relative in the UK. It recognizes the need for adequate care and support, particularly in circumstances where the applicant’s health or well-being would be compromised if they were to remain in their home country without access to the required care.
Adult Dependent Relative Visa Requirements
To be eligible for an Adult Dependent Relative Visa, you must meet certain requirements set by the UK immigration rules. The key requirements for this visa are as follows:
- Dependency: You must be an adult dependent relative of a British citizen, settled person in the UK, or a person with refugee status or humanitarian protection in the UK. You need to demonstrate that you are unable to perform everyday tasks in your home country due to age, illness, or disability.
- Care and Support: You must provide evidence that you require long-term care and support, and that it can only be effectively provided by your close family member in the UK. This requirement aims to establish that the care you need is not available or affordable in your home country.
- Financial Requirement: Your sponsoring relative in the UK must be able to adequately maintain, accommodate, and support you without recourse to public funds. They need to demonstrate that they have the financial means to support you throughout your stay in the UK.
- Relationship: You must prove your relationship with the sponsoring relative. This can be done through birth certificates, marriage certificates, or other relevant documentation establishing the family connection.
- Immigration History: You must not fall under any general grounds for refusal, such as having a criminal record or posing a security threat to the UK. You should also not have previously breached UK immigration laws or have been deported from the UK.
It is important to note that the requirements for an Adult Dependent Relative Visa are stringent, and the decision-making process can be complex. It is highly recommended to seek expert advice from immigration lawyers or professionals specializing in family visas to ensure that you meet all the necessary criteria and submit a strong visa application. They can guide you through the process, assist with gathering the required documentation, and help present a compelling case to the Home Office.
How to apply for Adult Dependent Visa?
The application for an Adult Dependent Relative (ADR) visa must be completed online, using the designated form along with Appendix 1 VAF4A.
Before submitting the application, the applicant should gather the necessary information and supporting documents. In relevant cases, this may include a written undertaking from the sponsor, stating their commitment to financially support and provide accommodation and care for the applicant for a minimum of 5 years without relying on public funds.
The evidence required to meet the visa requirements consists of the following:
- Proof of the family relationship between the UK sponsor and the applicant.
- Documentation demonstrating that the applicant requires long-term personal care due to age, illness, or disability. This evidence should include independent medical reports from a doctor or other healthcare professional, substantiating the applicant’s inability to perform everyday tasks.
- Evidence showing that, even with the practical and financial assistance of the sponsor in the UK, the required level of care cannot be obtained in the applicant’s current country of residence. This evidence can come from a central or local health authority, a local authority, or a healthcare professional. If a private arrangement was previously in place, the applicant should explain why it is no longer feasible, providing evidence if the arrangement is no longer affordable. If financial support was previously provided by the sponsor or any other close family member in the UK, an explanation must be given as to why it can no longer continue or is insufficient for the required level of care.
- Documentation demonstrating that the sponsor can adequately maintain, accommodate, and provide the required level of care in the UK. Additionally, if the sponsor is a British citizen or settled in the UK, a signed undertaking from the sponsor confirming their responsibility for the applicant’s maintenance, accommodation, and care for a period of 5 years without relying on public funds should be provided.
It’s important to compile all the necessary evidence to support the application and meet the specified requirements. This ensures a strong case is presented when applying for an ADR visa.
What happens if your Adult Dependent Visa is Refused?
If your Adult Dependent Visa application is refused, it can have significant consequences. However, there are options available to address this situation:
- Administrative Review: In most cases, if your visa application is refused, you will have the option to request an administrative review. This allows you to ask the Home Office to review your case and reconsider their decision. It is essential to act quickly, as there are strict time limits for requesting an administrative review.
- Seek Legal Advice: It is highly recommended to consult with an immigration lawyer or specialist who can assess your case, identify any potential errors or weaknesses in the initial application, and provide guidance on the best course of action. They can help you understand the reasons for the refusal and advise you on the available options.
- First-tier Tribunal Appeal: If the administrative review does not result in a favorable outcome, you may have the right to appeal the decision to the First-tier Tribunal. The tribunal is an independent judicial body that reviews immigration decisions. An immigration lawyer can assist you in preparing and presenting your case before the tribunal.
- Fresh Application: Depending on the circumstances and reasons for the refusal, you may choose to submit a fresh application with additional or updated information and evidence. This approach allows you to address any deficiencies in the initial application and provide stronger support for your eligibility.
- Exceptional Circumstances: If there are exceptional circumstances that were not adequately considered during the initial application, you should bring them to the attention of the Home Office or the tribunal. This could include compelling medical or humanitarian reasons that justify a grant of the Adult Dependent Visa.
- Explore Alternative Options: If the Adult Dependent Visa route is not viable, you may want to consider other immigration routes that may be available to you based on your individual circumstances. An immigration lawyer can help you explore alternative options and determine the best course of action.
It is important to note that the appeals process and the chances of success may vary depending on the specific details of your case. Seeking professional advice is crucial to understand your rights, assess the merits of your case, and navigate the complex procedures effectively.
Adult Dependent Visa fees
For the year 2023, the application fee for the Adult Dependent visa is £1,048 if submitted within the UK. If the application is made outside the UK, the fee is £3,250, subject to currency conversions.
Applicants should also be aware of the immigration healthcare surcharge, which grants access to the National Health Service (NHS). The surcharge amounts to £624 per year. Additionally, a biometric fee of £19.20 is mandatory for all applicants.
How long does it take to get a UK Adult Dependent Visa?
On average, the processing time for UK ADR visa applications is approximately 12 weeks. However, if you require a faster decision, there is an option to utilize the super-priority service for an extra fee of £800. With this service, you can expect a decision by the end of the next working day. It’s important to note that priority services may not be available for all application types, but you will receive guidance during the application process if this is the case.
In conclusion, the Adult Dependent Visa, also known as the Adult Dependent Relative Visa, is a pathway for individuals who are reliant on the care and support of a close family member in the UK. This visa category recognizes the importance of family life and the need to provide long-term personal care for those who are unable to perform everyday tasks due to age, illness, or disability.
The Adult Dependent Visa allows eligible applicants to join their British citizen or settled status sponsor in the UK, ensuring that they receive adequate maintenance, accommodation, and care without relying on public funds. It serves as a means to preserve the applicant’s private and family life, while also addressing their healthcare needs in a supportive environment.
Applying for an Adult Dependent Visa requires careful preparation of documentation and evidence, including proof of the family relationship, medical reports from health professionals, and assurance of adequate care and maintenance in the UK. Expert advice from immigration lawyers can be invaluable in navigating the complex immigration rules and ensuring a comprehensive visa application.
In the unfortunate event of a visa refusal, there are avenues for recourse, such as administrative review and the option to appeal to the First-tier Tribunal. Seeking legal advice and exploring alternative options can help applicants understand their rights and explore potential solutions in challenging circumstances.
Overall, the Adult Dependent Visa recognizes the importance of family unity, compassionate care, and support for those with limited circumstances. It provides an opportunity for eligible individuals to join their close family members in the UK, where they can receive the necessary long-term care and enjoy a better quality of life on a permanent basis.
Frequently Asked Questions