The UK Adult Dependent Relative visa (also referred to as the Adult Dependent visa or ADR visa) enables close family members from overseas who need to come to the UK to be cared for by a person settled here. Reiss Edwards specialises in all types of dependant visas, including the Adult Dependent Relative visa, Dependant visa, and Child Dependant Visa.
Who can apply for an Adult Dependent Relative Visa?
In order to apply for a UK Adult Dependent visa, applicants must be located outside the UK and require long-term care from a parent, grandchild, brother, sister, son, or daughter who lives on a permanent basis in the UK.
To qualify for a UK ADR visa, applicants must have a sponsoring relative in the UK who is 18 years or over and is either:
- a British or Irish citizen
- settled in the UK – i.e. they hold indefinite leave to remain (ILR), EU Settlement Scheme (EUSS) settled status, or permanent residence
- from the EU / EEA (including Switzerland, Norway, Iceland, and Liechtenstein) and hold EUSS pre-settled status. To qualify, they must have been living in the UK prior to 1st January 2021, or
- a person with refugee status or has been granted humanitarian protection in the UK
The applicant themselves must be a close relative of the UK based person; either their:
- parent aged 18 years or over
- grandparent
- brother or sister aged 18 years or over, or
- son or daughter aged 18 years or over
The ADR guidance states that where the applicant is the sponsor’s parent or grandparent, the applicant cannot be in a relationship with a partner. The only exception to this rule is if the partner is also the sponsor’s parent or grandparent, and they are also applying to come to the UK with them.
Can I bring my cousin or niece to the UK?
You can not bring your cousin, nephew, or niece to the UK on the Adult Dependent visa. This is because the family visa scheme, of which the UK ADR visa is part, is only open to immediate family members, including parents, children, grandchildren, and grandparents.
We recommend speaking to our specialist immigration solicitors who can advise on the immigration options for your cousin, nephew, or niece. Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.
UK Adult Dependent Relative Visa Requirements
The Home Office UK Adult Dependent Relative visa guidance details the requirements that must be met by applicants.
What is a dependent relative UK?
An eligible dependant relative is a person who:
- Requires long-term personal care as a result of age, illness, or disability
- Is unable to receive the required level of care in their home country
- Has no one in that country who could reasonably provide the care needed
- Can be adequately maintained, accommodated, and cared for in the UK
- Has no pending criminal conviction
For further details on each of these requirements, please see below.
Require long-term personal care
The applicant must require long-term help with activities of daily living (e.g. washing, dressing, and cooking) due to their age, illness, or disability. As such, the evidence must be provided that they cannot carry out these daily tasks on their own.
The ADR guidance states that the need for long-term care may have arisen suddenly, perhaps due to illness or a serious accident, or as a result of a progressive decline in function.
Care can only be provided physically by the sponsor
To make a successful UK Adult Dependent Relative Visa application, applicants must not have a person near them who can “reasonably provide the required level of care”. This may include close family members such as a son, daughter, brother, sister, parent, grandchild, or grandparent. It may also include other family members, friends or neighbours, or other individuals such as a home-help, housekeeper, nurse, carer, or care or nursing home.
The guidance states that where they have more than one close family member where they live, those individuals may be able to pool their resources to provide the level of care needed.
Other considerations such as the circumstances of those who may be able to provide care and their willingness to do so will also be considered. Relevant cultural factors regarding care will also be taken into account.
Have access to adequate maintenance (funds) and accommodation
As part of the ADR application process, the Home Office will want to be satisfied that the person who is coming to the UK to be cared for has access to suitable living accommodation which is owned or occupied exclusively by the sponsor. The Home Office will also want to be assured that adding another person to the household will not breach rules on overcrowding and public health.
Furthermore, the person providing care must have sufficient funds for at least 5 years to provide the required level of care without needing to access public funds.
Have no pending criminal conviction
Applicants must meet the suitability requirements for entry and leave in the UK. This means that their presence in the UK must be conducive to the public good. The Home Office will take into account factors such as the applicant’s conduct, character, associations, and criminal convictions. It is important that in the last seven years, the applicant has not been sentenced or convicted of any crime.
If you are unsure if you can sponsor your relative or if you are eligible to come to the UK as a relative needing care, speak to one of our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.
How to Apply for UK Adult Dependent Relative Visa (ADR)
There are several steps when applying for an ADR visa, as follows:
- Prepare the information and documents required for your application – this stage is all too often overlooked by applicants, but this is essential in ensuring a successful ADR visa application. You will need to gather documents to prove the applicant requires long-term care and that this is not available in their home country. In addition, you will need evidence that the sponsor has the financial means and accommodation to provide care to the applicant.
- Complete the Adult Dependent Relative visa application form online1.
- Complete Appendix 12 VAF4A.
- Pay the required fee (see below for more details)
- Submit any evidence required
- Book a biometric appointment at your nearest visa application centre
- Attend your biometric appointment (to have your photo taken and fingerprints scanned)
- Wait for a decision on your application.
Evidence required for Adult Dependent Relative Visa
The information you will need to provide with your application will depend on the circumstances, the nature of the relationship between the applicant and the UK based person, and the care needs, and may include:
- Evidence of the relationship between the applicant and the UK based sponsor
- birth or adoption certificate
- a detailed medical report
- Evidence that the applicant cannot find the required level of care in their home country
- a letter from a central or local health authority, a local authority, or a doctor or other health professional in the country or private provider explaining why care is not available, and/or an explanation of why care is not affordable in the applicant’s home country.
- Evidence of sufficient maintenance funds and accommodation in the UK – this may include:
- original bank statements covering the last six months
- other evidence of income – such as payslips, income from savings, shares, bonds – covering the last six months
- information on outgoings, for example, Council Tax, utilities, and on support for anyone else who is dependent on the sponsor
- a copy of a mortgage or tenancy agreement showing ownership or occupancy of a property
- planned care arrangements for the applicant and the cost of these (which must be met by the sponsor, without undertakings of third party support)
It is important to understand that the UK Adult Dependent Relative visa is only issued in limited circumstances where all the above eligibility rules are met. This is why it is so important to provide plenty of evidence to support the application and to make it clear that there is a genuine need to come to the UK to be cared for by a close relative.
Our team of specialist immigration solicitors can prepare your application to ensure your best chance of success. If you need help to apply for an Adult Dependent Relative Visa, speak to our immigration lawyers on 020 3744 2797 or complete our enquiry form.
Adult Dependent Visa fees
The Adult Dependent visa application fee in 2023 is £1,048 if you are applying in the UK and £3,250 subject to the currency conversions if you are applying outside the UK.
Applicants may also need to pay the immigration healthcare surcharge (to provide access to the National Health Service – NHS). This is £1035 per year. In addition, applicants are required to pay a biometric fee of £19.20.
How long does it take to get a UK Adult Dependent Visa?
Applications for a UK ADR visa typically take in the region of 12 weeks to process. If an earlier decision is required, you may be able to use the super-priority service for an additional fee of £800 for a decision by the end of the next working day. Priority services are not available for all application types, but you will be advised when you apply if this is the case.
How long can you stay in the UK on an elderly dependant relative visa UK?
If your elderly Adult Dependent Relative visa is successful, you will be granted indefinite leave to remain and permitted to stay in the UK indefinitely for as long as required.
Adult Dependent Relative visa refused
Adult Dependent Relatives visas are only issued in limited circumstances where all the above eligibility rules are met. Applications are often refused for a wide range of reasons, including where the Home Office considers that:
- the applicant can access the care they need in their home country
- the applicant has other family or other individuals available to provide the care they need in their home country
- the applicant does not have genuine long term care needs
- the sponsor does not have the financial means or accommodation to provide care to the applicant
If your application is refused, your available options will be explained to you in your Home Office decision letter. Depending on the reasons for your refusal, you may have the right to:
- appeal the decision to the First-Tier Immigration Tribunal
- request an administrative review if a mistake has been made by the Home Office, or
- request a judicial review to challenge the legal basis for the decision made
Alternatively, it may be faster and easier to submit a fresh application that addresses the initial reasons for refusal.
If your application for an Adult Dependent Relative visa has been refused, our team of specialist immigration solicitors may challenge the decision and deal with the Home Office throughout the process on your behalf. Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.
References
1 GOV.UK: ADR visa application form online
2 GOV.UK: Appendix 1