How to Appeal an Adult Dependent Relative Visa Refusal

However, the harsh reality is that even well-prepared applications for the Adult Dependent Relative visa can often face refusal. This is common, and potential applicants should be prepared for the likelihood of an initial refusal if their application has not been prepared properly under the guidance of an immigration solicitor. In this article, our legal experts discuss the appeal process surrounding Adult Dependent Relative Visas and how to navigate it successfully. 

Read: How Can I Bring My Parents to the UK

Understanding the Eligibility Criteria for an Adult Dependent Relative Visa

The first step in tackling a visa refusal is understanding the eligibility criteria for the Adult Dependent Relative Visa. For a visa application to be successful, the UK-based sponsoring family member must:

• be at least 18 years of age 
• be a British citizen or an individual with settled status, refugee status, humanitarian protection, or limited leave to remain under Appendix EU status
• must also be able to confirm that they can accommodate, maintain, and care for the relative in the UK without resorting to public funds.

Moreover, the foreign adult relative being sponsored must fulfil certain criteria such as:

• They must need long-term personal care due to age, illness, or disability;
• The sponsoring relative in the UK must reasonably and adequately provide this care. 
• The relative must also be a parent, grandparent, sibling, or child of the sponsor and be above the age of 18.

Finally, the Home Office will consider whether the relative’s presence in the UK is conducive to public welfare. This consideration takes into account factors like criminal history or poor immigration record.

Presenting as Much Evidence as Possible in the Initial Application

To minimise the chances of an Adult Dependent Relative visa application being declined, it’s crucial to make an application under the guidance of an experienced immigration solicitor who can advise you on how best to present your case and its supporting evidence. Ideally, to make a strong application and maximise your chances of success, you should provide the following evidence as support.

Evidence of Relationship: It’s essential to provide proof of the relationship between the sponsor in the UK and the applicant. Documentation such as birth certificates, marriage certificates, or other legal documents can be used for this purpose.

Demonstration of Long-Term Care Needs: Simply stating the applicant’s age or providing a medical diagnosis won’t suffice. You need a detailed medical report that clearly explains the applicant’s care needs due to age, illness, or disability, along with the specific assistance required.

Inadequate Care in the Applicant’s Home Country: If an applicant is unable to receive the necessary care in their home country, evidence should be presented to show that despite the sponsor’s practical and financial assistance, they can not get the care they need where they live. Evidence to support this can be provided with a medical or professional report (for example, from a therapist or doctor) that outlines the inadequacy of available care in the individual’s home country. Suppose care was previously provided in the home country. If this is the case, the reasons for its unavailability now need to be clarified. For instance, the applicant’s health may have drastically worsened, leading them to need a higher level of care, or the relative who was providing care may have passed away.

Sponsor’s Ability to Provide Care in the UK: You must prove that the sponsor in the UK can adequately provide for the applicant’s maintenance, accommodation, and care. This could be demonstrated through financial documents, a stable income source, and a suitable living arrangement.

Sponsor’s Undertaking: If the sponsor is a British citizen or has settled status in the UK, an official commitment is required from them. This undertaking should declare that the sponsor will be accountable for the applicant’s maintenance, accommodation, and care for a span of five years without recourse to public funds.

By carefully collecting and presenting this evidence, you can significantly increase the likelihood of the Adult Dependent Relative visa application being accepted.

ADR Refusals – What are the Grounds for Appeal?

If your Adult Dependent Relative Visa application was refused, the first step would be to understand if you have the grounds for an appeal. The refusal letter from the Home Office will provide a detailed explanation of why the application was unsuccessful. It is essential to carefully review this explanation and discuss it with an immigration solicitor, as it will form the basis of the appeal.

Common reasons for refusal include: 

• lack of evidence demonstrating long-term personal care needs,   
• insufficient proof that the required level of care is unavailable
• unaffordable in the applicant’s home country,
• doubts about the sponsor’s ability to provide adequate maintenance, accommodation, and care in the UK.

Building a Robust Appeal Case

Once the grounds for refusal have been identified, the next step is to build a compelling case for the appeal. This involves gathering as much robust evidence as possible to counteract the reasons for refusal outlined by the Home Office.

For instance, if the application was refused due to insufficient evidence of the applicant’s long-term personal care needs, it would be necessary to provide additional medical reports or testimonies from healthcare professionals. If the Home Office doubted the sponsor’s capacity to provide for the applicant’s needs, financial documentation or proof of suitable accommodation could be used to strengthen the appeal case.

The aim here is to present a well-rounded case that addresses each point of refusal, backed by strong, verifiable evidence. Our team of experienced immigration lawyers at Gulbenkian Andonian Solicitors can guide you through this process, ensuring that you present the best possible appeal case.

Appealing to the First-tier Tribunal

Should your application for an Adult Dependent Relative Visa be refused, you may appeal to the First-tier Tribunal (Immigration and Asylum Chamber). You will have 28 days from the date of the refusal notification to lodge this appeal.

At the First-tier Tribunal, an independent judge will review the Home Office’s decision to refuse your visa. They will assess the evidence presented in your application during the appeal process and decide whether the original decision was legally sound.

Also read: How to Maximise Your Chances of Winning an Immigration Appeal