The Adult Dependent Relative visa (‘ADR’) process is renowned for its high rate of refusal, therefore, it is likely that your initial application will be refused and you will need to appeal. This blog explores the requirements of the ADR and the options available after an unsuccessful appeal.
For those who require long-term personal care to perform everyday tasks due to age, illness or disability, when such care is not available or affordable in their country of residence even with financial or practical support from their family members in the UK, the ADR may be the last resort.
What are the requirements for an Adult Dependent Relative visa?
The Adult Dependent Relative visa (‘ADR’) route is suitable for those who require long-term personal care by their family members due to age, illness or disability. The eligibility threshold for an ADR application is extremely high, therefore, sufficient evidence must be provided to ensure a successful outcome.
To satisfy the requirements under this route, the applicant first needs to demonstrate that they are unable to carry out everyday tasks by themselves due to a lack of physical or mental ability resulting from medical conditions. In addition, the applicant would need to show that nobody in their country of residence can reasonably provide that care. To fully understand the concept of whether another person can ‘reasonably provide care’, multiple factors must be considered including the location of that person, their own circumstances, other commitments, and their willingness to provide such care; and yet, each case mut be considered on its own merits.
In some cases, the sponsor may provide financial and practical support to the applicant in the UK, but they may not be able to provide the same level of care in the country of residence due to personal circumstances. This can be corroborated by legal representations and document bundles submitted as part of the application. However, given that the application itself has a high bar of success, the eligibility requirements need to be satisfied meticulously.
Relationship requirements
The applicant for an ADR must be a parent, grandparent, child or sibling of the sponsor, and their sponsor must be resident in the UK as a British citizen, a settled status holder, have a protection status or specified EEA nationality with permission under Appendix EU.
If the applicant is the parent or grandparent of the sponsor, they must not be in a subsisting relationship with a partner unless both are applying for an ADR. This is because it is crucial to demonstrate that there are no alternative care options, and having a partner who can provide genuine and subsisting support would be perceived negatively from the point of view of UK immigration law.
Financial requirements
To satisfy the financial requirements under the ADR route the sponsor must demonstrate that they can ‘adequately maintain, accommodate and care for the applicant’ whilst they are on an ADR in the UK without access to public funds. The Immigration Rules do not specify the level of income or amount of sufficient funds, and this is to be assessed on a case-by-case basis.
My Adult Dependent Relative visa was refused: what are my options?
A refusal does not signify the end of the road – you have the right to appeal the decision at the first-tier tribunal. If you have new evidence to support your case, or your circumstances have changed, this would serve as a compelling argument in your appeal. In addition, if your case does not fully meet the ADR requirements but there are exceptional circumstances to rely on, you would be able to explain this further in your appeal arguments, for example by way of a ‘refusal of the application would render a breach of Article 8, because it would result in unjustifiably harsh consequences for the applicant and their family.’
What if my Adult Dependent Relative visa appeal at the first-tier tribunal is dismissed?
To initiate the appeal process, you must lodge an appeal at the first-tier tribunal within 28 days of receipt of the refusal letter. Once the process has been initiated, the applicant will be addressed as the Appellant and the Entry Clearance Officer at the Home Office will be known as the Respondent. The next step will be for you to submit your appeal bundles and skeleton arguments to the tribunal, which includes both the previously submitted and any new evidence which can help your case. The Respondent will then need to review your appeal documents, and if they decide to revoke their decision at this stage, you will be granted the ADR visa, thus allowing you to plan your trips to the UK.
However, if they decide to maintain their decision, it will go to hearing and the decision will be made by the judge. If your appeal is allowed at the first-tier tribunal, the Respondent has 28 days to lodge an appeal to the upper tribunal, and you would be provided with the same timeline to appeal if your appeal was dismissed, provided an error of law was made by the judge at the first-tier tribunal..
If your appeal is successful at the upper tribunal, the judge may direct your case to be re-examined at the first-tier tribunal, and potentially schedule a hearing to give you another chance to explain your circumstances.
Is it worth submitting a fresh Adult Dependent Relative visa application following an unsuccessful appeal?
You should only consider submitting a fresh ADR application when there is further evidence to be disclosed or your circumstances have changed significantly. Whilst an ADR refusal is not the final word on your entry to the UK, it could potentially influence your future visa applications and have negative effects on your immigration history. Therefore, we recommend you consult with a legal representative before taking any further action.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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