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Elderly Dependent Visa

Elderly Dependent Visa Explained

Many settled persons in the UK have elderly parents who live abroad. Often, the UK resident supports their parents financially and even though they live 1000’s of miles away, they are still very much involved in their parent’s day to day lives.

Sadly, with old age comes poor health which can make an already difficult position worse.

UK residents often find that it can be extremely challenging to juggle work and financial commitments here in the UK and therefore many would struggle to be practically able to make regular visits to see their parents in person.

Accordingly, many UK residents desire to have their parents join them so that they can ensure that their parents receive the right level of care and attention in their time of need.

Whilst this is a challenging area of immigration law, it is possible to make an application to join family members as a dependant even if all parties are adults.

If you are unsure of your position or would like to ensure that your application is handled by a knowledgeable specialist, get in touch with one of our friendly team members now on 0203 384 4389 to find out exactly how we can assist you to get it right first time round, saving you time, money and the heartache of being refused.

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Further Information

Apply as an adult coming to be cared for by a relative

You must be outside the UK to apply and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK.

One of the following must also apply to the relative:

they are a British citizen who has settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence), they have refugee status or humanitarian protection in the UK

You must prove all of the following:

you need long-term care to do everyday personal and household tasks because of illness, disability or your age the care you need is not available or affordable in the country you live in the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years you’re 18 or over.

How long you can stay for

Your stay will be:

unlimited if you applied to join a family member who’s British or settled in the UK – you will not need to apply to extend or settle as long as your family members stay if they have refugee status or humanitarian protection in the UK – you’ll need to apply to extend or settle when they do.

Eligibility Criteria

In short, to be eligible for an adult dependent relative (ADR) visa, the adult dependant relative applicant must be dependent on a parent, grandchild, brother, sister, son or daughter of someone living permanently in the UK.

The applicant must prove the following criteria:

  • they need long term care to do everyday personal and household tasks, because of age, illness or disability;
  • that the care required is not available or affordable in the country they currently live in;
  • that the person in the UK sponsoring the application will be able to support, accommodate and care for the applicant without claiming public funds for at least five years; and
  • be over 18 years old and a close relative of the person sponsoring their application who must also be over 18 and either a British citizen, a person present and settled in the UK or someone with refugee leave or humanitarian protection.

It is possible to seek entry clearance into the UK under an adult dependent relative (ADR) visa as a couple.

Availability of adequate care in the country of origin

Unless the applicant requires long term personal care with everyday tasks such as cooking, cleaning, washing and dressing, the application will be unlikely to succeed.

The UK Government requires applicant’s to demonstrate that adequate care is not available for them in their country of origin and hence they  have a valid reliance on their UK relative and should be allowed to join them in the UK.

This is a very tricky thing to prove in practice.

We have witnessed many Adult dependent relative (ADR) visa applications have been refused if a paid carer was available in the applicant’s home country, and the carer’s fees could be met by the applicant’s relative in the UK.

This unreasonable requirement results in a ‘catch 22’ predicament for applicants.

If your sponsor is able to afford to maintain and accommodate the applicant in the UK for the next five years,  the UK Government will argue that the sponsor is equally able to cover the cost of that care in their relative’s country of origin. This results in the unenviable task of proving that the “required level of care” is not available in the applicant’s country of origin and that there is no one there who can reasonably provide it.

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