Dependent relatives - Adult Dependent Relative Visa
Prior to 1 June 2023, if a pair of parents or grandparents were applying together as adult dependent relatives, then only one of them needed to show a need for long term personal care that could not be met in their country of residence. As it currently stands, both parents or grandparents must meet the care requirements in their own right. This potentially requires applicants to choose between having their care needs met in the UK and foregoing those needs to remain with their spouse or partner.
The new statement of changes of 17 July 2023 reverts to the previous position.
Now, where one parent or grandparent has care needs that meet the rules, the other will qualify alongside them whatever their own state of health. The explanatory memorandum accompanying the rules, with surprising candour, confirms that the omission was an error.
If you are settled in the UK and have dependent parents, grandparents siblings or children over the age of 18 they may be able to apply to join you in the UK.
This rule has been extended to adult dependent relatives of those present in the UK with refugee leave or Humanitarian Protection – successful applicants would be granted leave to enter to expire at the same time as their sponsor’s leave. Once in the UK, they would need to apply before expiry to extend their leave in accordance with that of their sponsor.
In all cases the relative or relatives will need to show:
- They require long-term personal care as a result of age, illness or disability which is not available in the country where they live
- They are unable to receive the required level of care in the country where they are living as either there is no person in that country who can reasonably provide it (either a close family member or a carer/nurse/nursing home) or because it is unaffordable;
- They will be adequately maintained and accommodated in the UK without recourse to public funds;
- That they do not fall foul of the criminality provisions (namely that in the last seven years they have not been convicted of an offence and sentenced to imprisonment for less than 12 months and that within the 24 months preceding the date of the application they have not been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record).
Living alone outside the United Kingdom in the most exceptional compassionate circumstances
Subject to what is said below, all parents and grandparents and ‘other dependent relatives’ (outlined below) will need to meet an additional requirement of living alone outside the United Kingdom in the most exceptional compassionate circumstances. What amounts to “the most exceptional compassionate circumstances” depends on the specific facts of each case - and, of course, the subjective assessment of the Entry Clearance Officer or Immigration Judge on appeal - but it is a very difficult requirement to satisfy. By way of illustration, an applicant would need to show a life-threatening vulnerability or frailty with no one to care for them in their country of origin.
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Long-term personal care
The applicant will need to show they require long-term personal care as a result of age, illness or disability which is not available in the country where they live. They will need to provide medical evidence from a doctor or healthcare professional that they are unable to perform everyday task such as washing, dressing and cooking. The Entry Clearance Officer will need to be satisfied that the applicant has no access to the required level of care in the country where they live.
- We can advise on the legal requirements, procedure and the required supporting documents for making an application for leave to enter the UK as a dependent relative
- We can assess the merits of your application and advise as to how to improve your application
- We can represent you in any applications for indefinite leave to enter/remain or limited leave to enter/remain as a dependent relative
- We can advise as to the merits of an appeal should your application be refused and assist and represent you in any appeal.