Adult Dependent Relative visa
This application
type is relevant 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.
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 under the age of 65 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.
If the elderly
relative is single and under 65 years of
age then they
need to show that
they are living alone outside the
United Kingdom in the most exceptional
compassionate circumstances. If the
elderly relatives are still married then
only one of them is required to be over
the age of 65 for them to avoid this
requirement of having to show
"the most
exceptional compassionate circumstances".
If both parents or grandparents are
under the age of 65 then they will be
required to show they are together
living in the most exceptional
compassionate circumstances in their
country of origin.
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.
For further advice and to make an application, please email us at info@arklawuk.com