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Elderly Dependent Visa

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.

Speak to our assessment team now to confirm your eligibility and options for free on 0203 384 4389.

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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Immigration rules are complex and subject to regular changes and revisions. This itself presents problems as it is the applicant’s responsibility to ensure they are aware of and have complied with any changes to the routes, processes and evidence requirements. 

Failure to meet strict rules is likely to result in the application being refused which, in turn, is likely have an emotional and financial strain on you and your family. 

It is our job to ensure we are fully aware of the latest immigration rules, policies and procedures. We don’t leave matters to chance. Once you become a client of ours, we explain our strategy and tell you exactly how we propose to get you the right result. We will pinpoint the positives and negatives of your circumstances and explain where issues may arise and what would need to be done to fix them. We provide step by step guidance and advice throughout the entire process professionally. Our vast experience allows us to foresee problems before they arise and pro-actively adopt a strategic action plan.

Our legal fees are always agreed and fixed with you right at the beginning of your case, so you have complete peace of mind and control over the costs to ensure there are no restrictions or unpleasant surprises.

There are many online agencies, advisors and marketing companies who claim to be immigration experts but, provide very little expertise.

Let us be very clear here, if you are paying for someone just to fill in the forms for you, you should think about how you can put that money to better use and avoid gambling with your future by using inexperienced and ineffective companies.

We are a fully regulated nationwide, multi award winning law firm that specialises in immigration. Having more than 60 years of combined expertise and having handled more than 8,000 cases we have unrivalled experience and expertise to ensure you get the right result first time around – Don’t take our word for it though, check out our reviews to see why our clients trust us with their futures. We are rated 5* across the board and 98% of our clients have confirmed that they would recommend us to others. *

We have illustrated our typical scope of service below so you can understand what we do for you as paid of our service:

 

  • Our immigration specialists carry out a free detailed assessment with you to understand your circumstances and needs.
  • The collated information is then reviewed by a senior immigration solicitor who will have no less than 8 years’ immigration experience.
  • Based on the information collected, the senior solicitor will then confirm what your options are and will also confirm if we are able to help you.
  • We will offer you an Agreed Fixed Fee quotation for us to handle your entire case until initial conclusion without obligation. 
  • If we have officially taken your instructions, we will create a client file for you and collect detailed initial information.
  • We will then ensure you receive a personalised one-to-one legal consultation with a senior immigration solicitor who will take your full instructions by exploring your circumstances in detail and advise you on the best way to meet your objectives. The solicitor will explain the relevant legislations and provide you with advice on the steps that we would need to take to get a successful result.
  • The senior solicitor who carried out your legal consultation will then send you detailed written legal advice explaining everything that needs to be done and which documents will be required as part of the process. We will tell you about any problem areas and formulate a strategy to overcome/mitigate these. 
  • We will carefully review any documents that you have provided in support of the application. These documents are then validated and formatted to ensure that they meet the UKVI specified evidence requirements. Where they do not, we will explain what needs to be done to address the issues.
  • Where required, we will prepare any necessary written legal arguments or representations that are required to support your application and gain an approval. Often, we may be required to make discretionary submissions.
  • We will complete a draft application and share this with you to ensure that all parties are happy with the representations that will be submitted to the Home Office.
  • We advise you on what application processing routes are available. In some cases, there are fast track or premium processing routes available. We may be required to book a Home Office appointment on your behalf.  Will also be able to confirm typical processing times for any processing centre in the world. We explain all options, routes and fees comprehensively allowing you to make the best choice.
  • We lodge the application on your behalf using our secure authenticated processes. Whilst your application is pending, we continue to ensure you receive maximum legal protection and ensure that your rights and allowances are upheld throughout the processing stage. We ensure that you are aware of and remain compliant with the immigration rules and regulations during this period. We will also keep you updated on the progress of your matter.
  • If any follow up work is required in response to any queries raised by the UKVI, we will also deal with these as part of the comprehensive service.
  • We secure a decision on your matter and further advise you on the relevant implications of that decision. If required, we will also confirm if any secondary applications are required and brief you on the necessary process and procedure for those also.

Why should I use UK immigration solicitors to help me?

Here are just some of the reasons to choose us:

 * We are the UK’s #1 Immigration Specialist Law Firm

* We are a fully SRA regulated law firm so you are working directly with our in house legal team

* No agencies, middlemen or outsourcing

* We have achieved 99% success rate across all application types

* We have a 24 hour helpline that operates 7 days a week – 365 days a year

* We have multiple offices across the UK but 90% of our clients are not required to visit in person

* We have more than 60 years combined immigration expertise

* Our team have handled more than 8,000 cases

* We offer a free initial assessment which will explain your options and check your eligibility for your chosen route

* We operate a 100% Agreed Fixed Fee model with all fees fixed and agreed before work is started

* 98% of our clients would recommend us to family & friends

* Our average rating is 4.6/5 across major review platforms (based on over 300 reviews).

What is a free needs assessment?

If you have an immigration related problem or question, you can have a free assessment with a member of our assessments team.

The assessor will establish why you are calling and what you are looking for assistance with. The assessor will ask you a series of questions to determine your circumstances in relation to your objectives.

The assessment is 100% private and confidential. As we are a private law firm, we work with our clients to overturn Government decisions daily. We do not share any information with any third party.

Although the assessor will be a trained immigration specialist, they are not solicitors and therefore will not give you detailed legal advice or guidance.

If you want to establish what your options are and the best way forward for you, your assessor will collate the necessary information and then speak with one of the resident senior solicitors at the firm to determine what your options are, if and how we could assist and confirm whether we would be prepared to take your case. If we can assist, you will be provided with an Agreed Fixed Fee quotation which is a single legal fee to cover the firms cost of representation agreed from the outset and binding for all parties.

The free assessment is no obligation and you are merely given clarity on your position and options to move forward.

If you have a complex matter or require legal advice regarding a specific issue, you will most likely require a legal consultation.

This is a separate service and is chargeable at the prevailing rates.

Please note, UK Immigration Solicitors are a private law firm and are not part of the Government. We do not accept legal aid instructions. Although we are happy to assist genuine callers, we are not a directory service and sadly are unable to provide you with Government telephone numbers.

To get started you can either call us on 0203 384 4389 or complete the assessment form and one of the team will call you

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