The immigration rules for adult dependant relatives

Since July 2012 the immigration rules for adult dependent relatives have been almost impossible to meet.

Applicants must demonstrate that they require long-term personal care that they are unable to get in their home country, either due to cost or availability.

Requirements

The main requirements are as follows:

The applicant must be the

(a) parent aged 18 years or over;

(b) grandparent;

(c) brother or sister aged 18 years or over; or

(d) son or daughter aged 18 years or over of a person (“the sponsor”) who is in the UK.

If the applicant is the sponsor’s parent or grandparent they must not be in a subsisting relationship with a partner unless that partner is also the sponsor’s parent or grandparent and is applying for entry clearance at the same time as the applicant.

The sponsor must be 18 years or over and a British Citizen or present and settled in the UK.

The applicant must as a result of age, illness or disability require long-term personal care to perform everyday tasks.

The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-

(a) it is not available and there is no person in that country who can reasonably provide it; or

(b) it is not affordable.

Applications from within the UK are not permitted; applications must be made from abroad.

Required evidence

There are also mandatory evidential requirements:

  • Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates, or other documentary evidence.
  • Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:

(a) Independent medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and

(b) This must be from a doctor or other health professional.

  • Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:

(a) a central or local health authority;

(b) a local authority; or

(c) a doctor or other health professional.

An application made without the specified evidence will always be refused.
The Home Office’s guidance defines “personal care” as requiring assistance with everyday tasks such as washing, cooking or dressing. In practice the Home Office will state in most cases that even if a need for long-term personal care is established and there is no family member available in the country concerned, the family in the UK could and should pay for carers to visit the relative or for the relative to be placed in a care home.

Making an application

Applications for adult dependant relatives must be made online. The fee at the time of writing (2018) is £3,250. If the application succeeds, Indefinite Leave to Remain will generally be granted. The Home Office has recently published a review of the adult dependent relative rules. The review showed that the number of visas issued to parents and grandparents decreased from 2,325 per year to an average of 162 per year. The number of successful cases each year has decreased, and most of the visa grants involved an initial refusal followed by an appeal.