Adult Dependant Visas

Question 1

What is an Adult Dependent Relative visa?

Answer 1

A visa for an adult over 18 who is a parent, grandparent, child, or sibling of a UK sponsor, requiring long-term personal care due to age, illness, or disability.

Question 2

Who can be a sponsor for an Adult Dependent Relative visa?

Answer 2

A British citizen, a settled person, or an EEA national with pre-settled status.

Question 3

What does the dependency requirement involve?

Answer 3

The applicant must require long-term personal care for everyday tasks and be unable to obtain care in their current country, even with financial support from the sponsor.

Question 4

What are the two limbs of dependency in the Adult Dependent Relative rules?

Answer 4

1. Applicant requires long-term personal care due to age, illness, or disability. 2. The care is unavailable or unaffordable in the country of residence.

Question 5

What types of evidence are crucial for a successful Adult Dependent Relative visa application?

Answer 5

Independent medical evidence, detailed reports from doctors, and expert assessments showing the necessity of personal care from the sponsor.

Question 6

What financial requirements must the sponsor meet for an Adult Dependent Relative visa?

Answer 6

The sponsor must demonstrate adequate maintenance, accommodation, and care for the applicant without recourse to public funds.

Question 7

What is the purpose of the maintenance undertaking in the visa application?

Answer 7

The sponsor must confirm responsibility for the applicant’s maintenance, accommodation, and care for 5 years from the date of arrival in the UK.

Question 8

Why is framing the dependency argument important in these visa applications?

Answer 8

It helps define the case path and focuses on proving that only the sponsor can reasonably provide the required level of care.

Question 9

What is Article 8 in relation to Adult Dependent Relative visa applications?

Answer 9

It is a provision in the European Convention on Human Rights that must be considered to avoid unjustifiably harsh consequences for the applicant.

Protects the right to respect for private and family life

Question 10

What happens if the Adult Dependent Relative visa application is successful?

Answer 10

The applicant receives indefinite leave to enter if the sponsor is British or settled in the UK, or temporary permission aligned with the sponsor if they have temporary status.

Question 11

What is meant by ‘long-term personal care’ in the context of the visa?

Answer 11

Care that is required beyond a temporary period, including assistance with everyday tasks like washing, dressing, cooking, and companionship.

Question 12

Why is independent medical evidence critical for this visa application?

Answer 12

It helps demonstrate the applicant’s physical or mental condition and the necessity for long-term personal care, which cannot be self-asserted by the applicant or sponsor.

Question 13

What is the significance of proving the unavailability of care in the applicant’s country?

Answer 13

It is crucial to show that appropriate care is either unavailable or unaffordable even with the sponsor’s financial help.

Question 14

How can emotional and psychological needs impact a dependency argument?

Answer 14

These needs can be used to argue that only a family member can provide the necessary care, especially when physical needs alone do not suffice.

Question 15

What role does a medical professional’s report play in the application?

Answer 15

It provides an objective and independent assessment of the applicant’s care needs, which is necessary to support the visa claim.

Question 16

Why is it challenging to meet the Adult Dependent Relative visa criteria?

Answer 16

The strict rules and high evidence burden make it difficult to prove the dependency and care needs of the applicant.

Question 17

What is the role of the Entry Clearance Officer (ECO) in these applications?

Answer 17

The ECO assesses whether the applicant’s care needs can be met in their home country, considering the availability and reasonableness of local care.

Question 18

How does the sponsor’s financial situation affect the visa application?

Answer 18

The sponsor must prove they can provide adequate maintenance and accommodation for the applicant without recourse to public funds.

Question 19

What evidence is required to show ‘adequate maintenance’?

Answer 19

Evidence may include income or cash savings over a specified period, as well as proof of accommodation that meets the required standards.

Question 20

What is the importance of documenting the care arrangements before applying?

Answer 20

Documenting current care arrangements helps to demonstrate why existing options are inadequate and why relocation to the UK is necessary.

Question 21

What does the term ‘reasonable care’ refer to in this context?

Answer 21

It refers to care that could be realistically provided by family members or local services in the applicant’s home country.

Question 22

What is a common mistake made in Adult Dependent Relative applications?

Answer 22

Failing to provide comprehensive medical evidence or relying too heavily on statements without independent verification.

Question 23

What is the financial threshold for proving adequate maintenance?

Answer 23

The sponsor must meet or exceed the level of income or funds that would be available if the family were in receipt of income support.

Question 24

How can Article 8 support an application?

Answer 24

It can be used to argue that refusing the visa would result in unjustifiably harsh consequences for the applicant and their family.

Question 25

What is a ‘maintenance undertaking’ in this visa context?

Answer 25

A legal commitment by the sponsor to support the applicant financially for five years, ensuring they do not need to rely on public funds.

Question 26

Why might an application be refused based on care availability?

Answer 26

If the Entry Clearance Officer determines that care is reasonably available and accessible in the applicant’s home country, the application may be refused.

Question 27

How does the definition of ‘adult’ impact eligibility for this visa?

Answer 27

The applicant must be over 18 years old to qualify as an adult relative under the visa rules.

Question 28

What should a sponsor’s statement include in the application?

Answer 28

It should detail the care needs of the applicant, the sponsor’s involvement in providing care, and why the care cannot be met in the home country.

Question 29

What kind of medical conditions are relevant for this visa?

Answer 29

Conditions that require ongoing assistance with daily activities, such as physical disabilities or mental health issues that affect independence.

Question 30

How important is it to address the potential impact of loneliness and isolation?

Answer 30

Addressing social needs is critical as it can be argued that emotional support from family cannot be replaced by paid carers.

Question 31

What happens if a sponsor fails to meet the maintenance requirements?

Answer 31

The application is likely to be refused, as financial stability is essential to demonstrate the sponsor’s ability to support the applicant.

Question 32

What is the significance of the ‘required level of care’?

Answer 32

It defines the specific type and intensity of care the applicant needs and is used to assess if such care can be provided locally.

Question 33

Why are care homes or paid carers often part of the visa discussion?

Answer 33

The Home Office may argue that local care options negate the need for the applicant to move to the UK, making it a key area of contention.

Question 34

What should be included in a doctor’s report for these applications?

Answer 34

Detailed information about the applicant’s condition, care needs, daily assistance required, and why local care options are insufficient.

Question 35

How does the Home Office view care needs that are only physical?

Answer 35

They may argue that physical needs can be met by local services, making it important to emphasize emotional and psychological needs as well.

Question 36

What is the role of a biometric enrolment in the visa process?

Answer 36

Applicants must attend an appointment to submit their biometric information, such as fingerprints, as part of the visa application process.

Question 37

What types of documents are often requested by the Home Office?

Answer 37

Documents include medical reports, financial statements, proof of relationship, and evidence of the sponsor’s ability to support the applicant.

Question 38

How can sponsors strengthen their application?

Answer 38

By providing detailed, independent evidence that clearly outlines why the applicant’s needs cannot be met without the sponsor’s direct involvement.

Question 39

Why is understanding the Immigration Rules crucial for a successful application?

Answer 39

It helps in ensuring all requirements are met and arguments are framed correctly to increase the chances of approval.

Question 40

What is the typical cost of an Adult Dependent Relative visa application?

Answer 40

As of now, the application fee is £3,250 with no priority service option available.

Question 41

What does the sponsor need to prove if the applicant has been using local care services?

Answer 41

The sponsor must show why these services are no longer sufficient or suitable for the applicant’s needs.