As it entails, separation from loved ones and the inability to care for them as one would when they are available, living away from them is a difficult experience. The situation is much more serious if you live in a country other than your parents, siblings or children.
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You might have wondered whether you can bring your family to the UK if you live in the United Kingdom on Indefinite Leave to Remain or as a British citizen and your family is far away. The good news is that if they depend on you, you may be able to apply for the adult dependent visa
The Adult Dependent Visa
If this is a concern of yours then we suggest you contact us and speak with our immigration solicitors to explore your options. You may find that you can make an application for an adult dependent relative, i.e. family member such as your mother, father, sister or brother, to potentially come and live in the UK if you are:
- An individual who is born or naturalised in the United Kingdom – either by birth or via a successful British citizenship application – is known as a British citizen or,
- A settled person – meaning you are an individual who has settled status under the EU Settlement Scheme or has indefinite leave to remain in the UK, or
- You are a person with protected status or refugee leave.
If this is the case, your adult dependent relative may be eligible for an adult dependent relative visa if they fulfil the requirements set forth by immigration regulations.
An Adult Dependent Relative Visa is available to people who are able to meet the following requirements:
A relative is only entitled to apply for an adult dependent relative visa under UK immigration laws if they are:
- A mother or father who is aged eighteen or over or
- A brother or sister who is aged eighteen or over
- A child who is aged eighteen or over or
- A grandparent
To be considered an ‘adult dependent relative,’ your relative must be able to demonstrate that:
- They require long-term personal care to perform basic activities like getting dressed and bathing, as well as performing more complex tasks.
- They have no one in their resident country who can give adequate care.
- The country in which they reside does not provide adequate care, and the relative would be unable to receive the treatment they require even with family assistance from the United Kingdom.
Please note that you, as the UK party, will have to show that if a relative enters the UK on an adult dependent relative visa, he or she can be adequately maintained, housed, and cared for by you without having to rely on the public funds.
Adult Dependent Relative Visas – What are the Care Needs?
An adult dependent relative’s care requirements must be due to their age, sickness, disability, or a combination of these factors.
An adult dependent relative under the Immigration and Nationality Act (INA) is defined as someone who requires “long-term personal care” to assist with basic activities like washing, dressing, or feeding. Personal assistance includes assisting with taking medicine and other personal care.
Because of this, the relatives may not be able to get the care they require in their current country. That might be due to a variety of factors, including:
- There is no one in the country the relative is living in who could reasonably give care, or there isn’t enough available care.
- The cost of the treatment was not within a feasible budget.
Proving that the Care Needs in a Relative Home Country are not Sufficient or Suitable
The Home Office may ask if the care available in another country might be provided by a different relative or through paid care or health services. The degree of proof required depends on the country where the relative is residing. In a war-torn nation, for example, it should be clearer that care is scarce.
However, a sponsoring relative should not cut corners with their application’s quality since you want to avoid having your adult dependent sibling visa application turned down by the Home Office. This is very important to get right, so if in doubt, do speak with our immigration solicitors in London.
Proving the Ability to Care in The United Kingdom for an Adult Dependent Relative
In the United Kingdom, a “sponsor” is someone who stands ready to assist an adult dependent relative. To apply for a visa for an adult dependent relative, a sponsor must submit evidence demonstrating that they have the ability to care for their dependent without drawing on public funds.
The British authorities will want evidence of the sponsor’s income, as well as details on their savings and lodgings. The sponsor’s income will also be verified, and if necessary, their savings and accommodation will be checked to see whether they can meet the relative’s care demands. Wages or bank statements should suffice.
Adult Dependent Relative Visas – Special Circumstances and Exceptions to the Rules
If the adult dependent relative visa requirements are not satisfied, the Home Office may take into account “extraordinary circumstances” in which the applicant’s human rights interest would necessitate rejection of the application, with rejection resulting in “unjustifiably harsh circumstances” for the relative and/or sponsor.
Immigration lawyers may be able to help emphasise that a human rights argument should be included in an adult dependent relative visa request. For more info, do not hesitate to talk to our team of immigration lawyers in London.
Do You Have a Parent or Sibling Who Needs Care?
You may be able to bring them to the UK with an adult dependent relative visa. Our immigration solicitors can help you apply for the visa and make sure everything goes smoothly.
With the adult dependent relative visa, your loved one will be able to join you in the UK and live with you. They’ll get all the benefits of being in the country, including access to healthcare and social security. And best of all, they’ll be close by so you can take care of them.
Contact our solicitors today for more information about dependent relative visas. Fill out the form below.
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At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law.
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Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.