The Adult Dependant Relative visa offers a solution to persons concerned about their parents and grandparents in their home country. However, applicants have to note that the criteria for the adult dependant relative are very strict.
Since these applications’ stringent requirements are incredibly difficult to meet, using Breytenbachs’ experience and expertise will mean that you will have the best chance of success under this route.
How to qualify as Adult Dependant Relative
The applicant must be outside the UK when applying.
The adult dependant must need long-term care. The long-term care must be from a parent, grandchild, brother, sister, son, or daughter living in the UK permanently.
The relative providing this long-term care has to have one of the following statuses:
- A British or Irish citizen
- Be settled in the UK. This settled status would include persons with Indefinite Leave to Remain, have settled status or have proof of permanent residence in the UK.
- Pre-settled status in the UK, under the EU Settlement Scheme.
- Refugee status
- Humanitarian protection in the UK
Relatives of persons with settled status under the EU Settlement Scheme can apply under the EU Settlement Scheme or for a family permit. Please speak to one of our consultants for further advice.
The Adult Dependant Relative must prove the following:
- You are 18 years or older.
- That you need long-term care to do everyday and household tasks and that you need this care due to age, illness or disability. This proof is usually in the form of extensive independent medical evidence and documents from doctors and other health professionals.
- This long-term care is not affordable or available in the country you are currently living in.
- The relative you will be joining in the UK will be able to support, accommodate and care for you without making use of public funds for at least five years.
The above proof is usually in the form of extensive independent medical evidence and documents from doctors and health professionals.
If a person cannot meet all the criteria, consideration will be given to exceptional circumstances. The Home Office will consider whether Article 8 of the right to respect for private and family life of the European Convention on Human Rights (ECHR) is engaged. The Home Office will consider whether the decision would result in unjustifiably harsh consequences.
Length of Stay in the UK as Adult Dependant Relative
The time you can stay in the UK will depend on the status of the relative you are joining.
British, Irish or Settled
Unlimited stay. The Adult Dependant Relative does not need to apply for an extension of the visa or settlement.
Pre-settled Status under the EU Settlement Scheme
The relative you are joining in the UK must have started living in the UK before 1 January 2021. The Adult Dependant will be able to stay as long as the relative remains. You will need to apply for an extension or settlement when the relative does.
Refugee or Humanitarian Protection
The Adult Dependant Relative can stay as long as the family member remains. You will need to apply for an extension or settlement when the relative does.
How Breytenbachs can help you
It is well-known that the Adult Dependant Relative visa criteria are very hard to meet and prove. Extensive professional documentation is required to provide the relative proofs. Fortunately, Breytenbachs does have success in many of these applications and will provide expert advice to clients. Please contact us today for a consultation to discuss how you can bring your Adult Dependant to the UK.