Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Adult Dependent Relative Visa

18 September 2019 #Immigration #Setting up in the UK


It is unfortunate that many of us have an adult relative, or we know someone, who has an adult relative, who is all alone in a country where they are hardly able to take care of themselves. If your adult relative is dependent on you, then you may be able to sponsor them to join you in the UK so that you can take care of them.

Relationship requirement

The dependent adult relative can be any of the following:

  • Parent aged 18 or over
  • Grandparent
  • Brother or sister who is aged 18 or over
  • Son or daughter who is aged 18 or over

Who can be a sponsor?

  • Must be aged 18 or over
  • Must be either:
    • a British Citizen in the UK;
    • Present and settled in the UK; or
    • Hold refugee or humanitarian protection in the UK.

Dependency

  • The applicant must as a result of age, illness or disability require long-term personal care to perform everyday tasks.
  • The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living because:
    • It is not available and there is no person in that country who can reasonably provide it; or
    • It is not affordable.

Financial requirement

  • The applicant will be required to provide evidence that the sponsor has the ability to adequately maintain, accommodate and care for the applicant in the UK without recourse to public funds.
  • If the sponsor is a British Citizen or settled in the UK, they would need to provide a signed undertaking confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for the applicant’s maintenance, accommodation and care for a period of 5 years from the date the applicant enters the UK if they are granted indefinite leave to enter.

Duration

  • If an applicant meets all of the above requirements and the sponsor is a British Citizen or person settled in the UK, then they will be granted indefinite leave to enter.
  • If the applicant meets all of the above requirements, but the sponsor has limited leave then the applicant will also be granted limited leave in line with the sponsor’s leave. Further to this the applicant will be subject to the condition of no recourse to public funds. If the sponsor applies for further leave to remain, then the applicant can also apply for further leave to remain of the same duration of the sponsor.

Comment

It is important to remember that this is an entry clearance route and therefore you cannot switch into this category from within the UK. The most important part of the application is the evidence which is provided. Even if you are able to provide medical evidence and evidence that a sponsor can maintain you, it is extremely difficult to show that there are no or inadequate facilities available in the applicant’s country of origin. Further to this, it would also be difficult to prove that the sponsor would not be able to afford to maintain and care for their relative in their country of origin, if they can prove they can accommodate and maintain their relative in the UK. This is why in the majority of cases a country expert would need to be instructed to show evidence that there are inadequate facilities to cater for the applicant’s medical needs. If you would like more information in respect of this visa route or assistance with applying, then please contact our experienced immigration team who will guide you through the process.

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Bhavneeta Limbachia

Bhavneeta Limbachia
Solicitor

E: blimbachia@clarkslegal.com
T: 020 7539 8019
M: 0777 581 5811

Contact

Immigration team
+44 (0)20 7539 8000