Following are the various frequently asked questions (FAQs) about adult dependent relative visa category:

FAQs: Adult Dependent Relative

The purpose of the Adult Dependent Relative (ADR) route is to allow a non-European Economic Area (non-EEA) national adult dependent relative (ADR) of:

  • a British Citizen in the UK;
  • a person settled in the UK; or
  • a person in the UK with refugee leave or humanitarian protection;

to settle in the UK, if they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided in the UK by their relative in the UK and without recourse to public funds.

A person cannot switch into Adult Dependant Relative (ADR) category from inside the UK and must make an application for entry clearance from outside the UK as Adult Dependent Relative (ADR).

However, it is possible to make a human rights application based on Article 8 (family life) from inside the UK where the applicant can establish that his/her dependency on the UK sponsor is beyond normal emtional ties and requiring the applicant to leave the UK will result in disproportionate interference in the family life of the applicant with the UK sponsor.

For the entry clearance application as Adult Dependent Relative (ADR) to succeed, the main requirements of the Immigration Rules are as follows:

  • The applicant must, as a result of age, illness or disability, require long-term personal care: that is, help performing everyday tasks, e.g. washing, dressing and cooking;
  • 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 it is not available and there is no person in that country who can reasonably provide it or because it is not affordable; and
  • The Entry Clearance Officer (ECO) must be satisfied that the applicant will be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds. If the sponsor is a British Citizen or settled in the UK, they must sign a 5-year undertaking to that effect, at the entry clearance stage.

If the Entry Clearance Officer (ECO) is not satisfied that an applicant meets the criteria of the Immigration Rules for the grant of entry clearance as Adult Dependent Relative, the Entry Clearance Officer (ECO) should then give consideration to exceptional circumstances and the Article 8 right to respect for private and family life of the European Convention on Human Rights (ECHR). In some cases, the applicant may be granted limited to enter where the application involves exceptional circumstances and the refusal of application under ADR rules results in serious breaches of the private and family life.

“Exceptional circumstances” means circumstances which would render refusal of the application a breach of Article 8, because it would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member whose Article 8 rights it is evident from the application would be affected.

“Unjustifiably harsh consequences” are ones which involve a harsh outcome(s) for the applicant or their family which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others.

If the requirements of the ADR Rules are met and the applicant’s sponsor is a British Citizen in the UK or a person present and settled in the UK, the applicant will be granted Indefinite Leave to Enter (ILE).

If the requirements of the ADR Rules are met and the applicant’s sponsor is a person in the UK with limited leave as a refugee or a person with humanitarian protection, the applicant will be granted entry clearance as an ADR of a duration which will expire at the same time as the sponsor’s limited leave, and subject to a condition of no recourse to public funds.

If the requirements of the ADR Rules are not met but the refusal of application under ADR Rules result in serious breaches of Article 8 of the ECHR and there are exceptional circumstances, the applicant may be granted limited leave to enter on human rights grounds.

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