Since 2012, the UK immigration rules surrounding adult dependant relative visas have been regarded as some of the toughest to navigate. With refusal rates standing at 96% between 2017 and 2020, this visa route has become almost synonymous with rejection. But despite the intimidating statistics, the Adult Dependant Relative visa isn’t entirely out of reach. With the right preparation, evidence, and strategy, it is possible to bring your adult dependant relatives to the UK.
This article provides a detailed guide to the adult dependant relative visa, exploring what it entails, why it is so difficult to secure, and how applicants can give themselves the best possible chance of success.
What Is an Adult Dependant Relative Visa?
The Adult Dependant Relative Visa allows an adult relative of a British citizen, a person settled in the UK, or a person with protection status in the UK, to join them here. The key requirement is that the applicant must require long-term personal care due to age, illness, or disability, and must be unable to obtain this care in their home country—even with financial support from their UK-based sponsor.
The current rules, enshrined in Appendix Adult Dependant Relative of the Immigration Rules, create an exceptionally high bar for entry, making this visa route far from straightforward. This is not simply a visa for elderly parents or financially dependent but otherwise healthy relatives—it is much more specific.
Who Can Apply?
To qualify, the applicant must be an adult over the age of 18 and must be either the parent, grandparent, sibling, or child of the UK sponsor. Importantly, extended family members such as aunts, uncles, and cousins are not eligible. If both parents or grandparents are applying, only one needs to meet the strict dependency criteria.
The sponsor must either be a British citizen, someone with indefinite leave to remain, or an individual with protection status. Under the EU Settlement Scheme, pre-settled status holders can also sponsor relatives under slightly different, more lenient rules, but these are beyond the scope of this article.
The Stringent Criteria: Dependency and Care Needs
There are two key elements to demonstrating dependency under the ADR rules:
- Long-term personal care needs: The applicant must require long-term personal care to perform everyday tasks such as washing, dressing, and cooking. This care must result from age, illness, or disability. Importantly, personal care refers to care provided by another person, not care that can be managed through medical devices or medication.
- Inability to obtain care in their home country: The applicant must show that they are unable to access the required level of care in their home country, even with financial help from the sponsor. This could be because the care is either unavailable, unaffordable, or no reasonable person in the home country can provide it.
These criteria are what make ADR visa applications so challenging. While many elderly relatives may require some assistance, only those with significant long-term care needs meet the threshold. Even more difficult is proving that such care is unavailable or unaffordable in the applicant’s home country—a point where many applications falter.
Proving Long-Term Personal Care Needs
A successful ADR application starts with demonstrating that the applicant requires long-term personal care due to age, illness, or disability. Everyday tasks include activities such as eating, bathing, and mobility. But as Upper Tribunal Judge Grubb noted in Osman v The Entry Clearance Officer – Riyadh, personal care can also extend to social aspects of daily living, such as companionship or assistance in going outside.
For instance, if the applicant’s well-being is closely linked to regular interaction with the sponsor, this may constitute an important element of their required care. Loneliness, isolation, or psychological conditions like depression can be equally important in an ADR visa application, but they must be backed up with professional evidence, not mere assertions from the sponsor.
The Evidence: Medical Reports and Beyond
Crucially, the Home Office will expect robust, independent medical evidence to substantiate claims about long-term care needs. Letters or reports from healthcare professionals, such as doctors, physiotherapists, or psychologists, must provide detailed information on the applicant’s condition, their daily needs, and why these needs require care from another person.
Without medical evidence, the application will almost certainly fail. This is where many applicants come unstuck, submitting incomplete or insufficient reports that do not adequately explain the extent of the care needed. It’s essential to approach an ADR visa application with the mindset of proving every point through independent, expert-backed evidence.
Can Care Be Provided in the Home Country?
Once you’ve demonstrated the care needs, the next hurdle is proving that no adequate care is available in the applicant’s home country, even with the financial assistance of the sponsor. This is where the difficulty in ADR applications truly escalates.
The applicant must show that there is no suitable person or care facility that can provide the required care. This might be because local family members are unable or unwilling to help, or because paid care options, such as nursing homes, are either unavailable or unaffordable. The Home Office will scrutinise every claim here, so it is vital to provide concrete evidence, such as cost breakdowns, geographical issues, or cultural factors that affect the availability or affordability of care.
For example, in some cases, it may be argued that while physical care can be provided by a paid carer, the emotional or psychological needs of the applicant are such that only a family member can reasonably provide the required level of care. This argument is particularly relevant in cases involving degenerative conditions like dementia, where familiar faces and emotional support are crucial.
Article 8 of the European Convention on Human Rights
If the application risks failing on dependency grounds, applicants may be able to make a secondary argument based on their right to a private and family life under Article 8 of the European Convention on Human Rights. ADR Rule 7.1 requires the Home Office to consider whether a refusal would result in “unjustifiably harsh consequences” for the applicant or their family. While the threshold for this is also high, it can provide a safety net in particularly compelling cases.
Financial Requirements
Another obstacle is the financial requirement. The sponsor must show that they can adequately maintain, accommodate, and care for the applicant in the UK without recourse to public funds. This includes providing evidence of income or savings for a specified period. If the sponsor fails to meet these financial conditions, the application will not succeed, regardless of the dependency argument.
Final Take: A Daunting but Not Impossible Task
The adult dependent relative visa application is one of the most challenging immigration routes available in the UK today. Its steep refusal rates reflect the Home Office’s determination to prevent abuse of the system. However, with thorough preparation, detailed evidence, and a strategic approach, it is still possible to succeed.
For applicants, the key to success is in the evidence. Medical reports must be robust and specific, care needs must be proven in detail, and every claim about the lack of care in the home country must be backed up with clear, verifiable facts. Ultimately, an ADR visa application must be treated with the same seriousness and precision as an appeal, because failure at the initial stage is all too common.
Reflecting on the difficulty of this route, it is essential for sponsors to assess carefully whether their relative meets the stringent criteria before embarking on this arduous journey. With the right support, both legal and medical, there is still hope for families wishing to reunite under the ADR route.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.