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A dependant is an adult (18 years and above) who needs assistance to carry out their normal activities.  To qualify as a dependant adult there would need to be reasonable evidence to show that the adult is not able to do anything and/or live normally all by themselves. Reasons that have led to this condition could be age, illness or disability; as a result they require a level of long-term personal care that can only be provided in the UK by their relative in the UK and without recourse to public funds. This visa route cannot be switched into i.e. the Home Office will not accept applications from within the country. Hence, in technical terms it is referred “Entry Clearance as an Adult Dependant Relative” Once in the UK, they would be able to extend their visa in line with that of their sponsor. Adult Dependent Relatives (ADR Rules) came in force in July 2012. It is designed to allow elderly parent and grandparents of residents and British nationals to be able to join their family in the UK. Based on the new rules, the adult dependent who is the applicant must: –
  1. Require long-term personal care: – Such care must be as a result of the dependent’s old age, illness or disability. Personal care entails personal grooming and day to day activities including washing, dressing and cooking. The inclusion of ‘long term’ means that the adult dependent would need such care for an indefinite period.
  2. Care can only be provided physically by the sponsor: – The dependant must not be able to obtain such care (long term and personal) even with the financial support of the sponsor in the dependant’s country of residence and no other person in the dependant’s country of residence can provide such care and support. The cost of receiving personal care from someone else may be not viable for the dependant.
  3. Have access to adequate maintenance (funds) and accommodation: – In the application, the applicant must be able to demonstrate that the sponsor is able to adequately provide for them holistically in terms of accommodation, maintenance and day to day sustenance without access to public funds . In most cases, the sponsor would have to sign a 5-year agreement to this effect.
  4. Have no pending criminal conviction: – It is important that in the last seven years, the applicant has not been sentenced or convicted of any crime.

Evidence Required for an adult dependant Relative Visa

  1. Evidence of family relationship: – Proof to show that the applicant is related to the sponsor.
  2. Evidence to show that the applicant requires long-term personal care.
  3. Evidence to show that even with the financial support of the sponsor, the applicant is not able to have access to adequate care.
  4. Applicant must show details of previous care arrangement and why that care is no longer available.
  5. Where the change of situation is as a result of the applicant’s recent inability to continue to afford care in the home country, proof of this must be demonstrated in the application.
It is important to mention here that if application is made without adequate evidence, it will be refused and most appeals are likely to be unsuccessful for the same reason. For further information аbout how we can represent you in your Adult Dependant Visa matter, or to discuss your specific case please call us on 0333 0124 253 or email us at enquires@pushlegalservices.co.uk.
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