Relocating to the UK to be looked after by a relative: what you need to know

20 Jan 2025, 25 mins ago

Relocating to the UK to be cared for by a relative can be a life-changing decision, offering comfort and support during the times of need. However, the process is not always straightforward, as the UK immigration system has specific provisions and requirements for those seeking to join family members. In this guide, we will outline the key considerations and steps involved.

Understanding the Adult Dependent Relative visa

To apply for an ADR visa, you must meet the following criteria:

  1. Relationship to the sponsor: You must be a close relative of the sponsor, such as a parent, grandparent, sibling or child over 18 years of age.
  2. Care requirements: You must demonstrate that you require long-term personal care to perform daily tasks, such as washing, dressing and cooking.
  3. Unavailability of care in your home country: You need to show that suitable care is not available or affordable in your home country.
  4. Sponsorship by a settled relative: The sponsoring relative must be:
    • A British or Irish citizen, or
    • Settled in the UK (holding indefinite leave to remain, settled status or permanent residence), or
    • A national of the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status, i.e. they must have relocated to the UK before 1 January 2024, or
    • Holding refugee status or humanitarian protection in the UK.

Financial Requirements

The sponsor must commit to financially supporting you without recourse to public funds. This includes covering your living expenses and accommodation. The Home Office will consider the sponsoring relative’s income, housing costs and any care costs.

Application Process

  1. Prepare supporting documents: Gather evidence to prove your relationship, care needs and the sponsor’s financial ability. This may include:
    • Medical reports confirming your condition.
    • Proof of relationship (e.g., birth or marriage certificates).
    • Evidence of the sponsoring relative’s income and housing conditions.
  2. Submit the online application: Complete the application form on the UK government’s official visa portal.
  3. Pay fees and the health surcharge: The visa application fee and the Immigration Health Surcharge (IHS) must be paid.
  4. Attend a biometric appointment: You will need to provide your fingerprints and photograph at a visa application centre.
  5. Wait for a decision: Processing times can vary, so it is important to plan ahead.

Challenges and considerations

The ADR visa route is known for its stringent requirements and high refusal rates. It is therefore very important to prepare a robust application. Here are some common challenges:

  • Proving unavailability of care: Providing sufficient evidence that care is not accessible in your home country can be complex.
  • Long-term financial commitment: The sponsor must demonstrate they can support you without accessing public funds.
  • Appeal process: If your application is refused, you may have the right to appeal, but this can be a lengthy and costly process.

Alternative Options

If the ADR visa is not feasible, consider these alternatives:

  • Visitor visa: Allows short stays to spend time with your relative, but it does not permit long-term residence.
  • Other family visas: Explore other types of family visas, such as those for spouses, partners or children.

Conclusion

Relocating to the UK to be cared for by a relative involves navigating a complex immigration process. While the ADR visa offers a pathway, its strict criteria mean that careful preparation is essential. Consulting an immigration lawyer can help you understand your options and improve your chances of a successful application.

If you or your family need advice on relocating to the UK, contact us for expert guidance tailored to your circumstances.

Updated: 20 January 2025

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 XFacebookInstagram, 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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