UK Lists Key Reasons Adult Dependent Relative Visa Can Be Denied
- The UK Home Office outlined the conditions under which an Adult Dependent Relative visa application can be refused
- Applicants aged 18 and above must also be able to prove they require long-term personal care for everyday tasks due to age, illness or disability
- The rules also specify what happens when a sponsor in the UK is unable to maintain, accommodate and care for the applicant without relying on public funds
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The UK Home Office set out the conditions under which an Adult Dependent Relative (ADR) visa can be denied, in guidance that carries significant implications for residents in the UK hoping to bring elderly or ailing family members over.
The ADR visa route is open to persons aged 18 and above who have a relative already living in the UK as a British citizen, a settled person, someone with protection status, or a qualifying EEA national.
Source: UGC
However, the rules place a heavy burden of proof on both the applicant and the sponsoring relative.
Who Qualifies and Who Does Not
At the heart of the eligibility criteria is the requirement that the applicant must need long-term personal care to carry out everyday tasks, arising from age, illness, or disability.
Crucially, the care they need must either be unavailable or unaffordable in the country where they currently live. If an applicant cannot demonstrate this, the application faces refusal.
The sponsor based in the UK must also show they can maintain, accommodate and care for the applicant entirely without drawing on public funds. Failure on this front is another ground for denial.
The rules also make clear that applicants must secure entry clearance before arriving in the UK. Turning up first and applying later is not permitted under this route.
What Happens After Approval
For applicants whose sponsors are British citizens or are settled in the UK, a successful ADR application leads directly to settlement.
Where the sponsor holds only temporary permission to remain, the dependent relative is granted temporary leave that mirrors the sponsor's own permission end date.
From there, the relative can apply for further permission or settlement in step with their sponsor's immigration status.
The updated guidance does include a narrow human rights exception. Under Article 8 of the European Convention on Human Rights, a decision maker can grant an application even where some eligibility requirements are not fully met, but only if refusing would produce unjustifiably harsh consequences for the applicant or their family.
However, this exception does not apply in cases where the applicant falls foul of specific mandatory refusal grounds under the suitability rules, in which case the application must be refused regardless.
Where a couple who are both parents or grandparents of the UK sponsor apply together, only one of them needs to meet the long-term care requirement.
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Source: Legit.ng
