Elderly or severely ill relatives may need continuous medical care, which family members can effectively provide. For UK-based residents, the Adult Relative Dependent Visa offers a legal pathway to support their non-EEA family members who require essential and long-term care in the UK.
There are several benefits to leveraging the Adult Dependent Relative Visa. First, being close to loved ones can improve emotional well-being and quality of life. Sometimes, adequate care services may be unavailable in the relative’s home country. The UK might offer better healthcare services, facilities, and support systems for their needs.
If you’re considering sponsoring an adult family member to live with you in the UK in 2024, this article can guide you through the process. It discusses critical factors to consider, including eligibility requirements, necessary documentation, and the latest updates to the application process.
The Requirements for the Adult Dependent Visa
The Home Office sets a very strict standard for the Adult Dependant Relative Visa, making it one of the most challenging family visas to obtain.
The burden is usually on applicants to prove they are qualifying adult dependents in line with the suitability, validity, and eligibility requirements set out in the adult dependent relative guidance. We’ll discuss these requirements in three subcategories, including:
- Relationship
- Maintenance and Accommodation
- Care
Relationship Requirements
An applicant on the adult dependent route must be the parent, grandparent, child, brother, or sister of their UK-based family member (the sponsor). The sponsor and applicant must be 18 years or older, and the sponsor must be living in the UK as one of the following:
- A British or Irish citizen
- A person with Indefinite Leave to Remain (ILR) or settled status
- Someone from the EU, Switzerland, Norway, Iceland or Liechtenstein, living in the UK before 1 January 2021 and has pre-settled status.
- Someone with refugee or humanitarian protection protection status.
Furthermore, an applicant applying as a parent or grandparent must have a partner who is the sponsor’s other parent and is simultaneously applying for the visa. However, only one partner must require long-term personal care, and the other must prove they cannot offer such care.
The application will be refused if the applicant is in a subsisting relationship with a partner who is not the sponsor’s parent.
Adequate Maintenance and Accommodation Requirement
Sponsors for the Adult Dependent Visa must have sufficient funds (adequate maintenance) to support their relatives without relying on public funds.
This visa route does not have a minimum income threshold. As such, the Home Office typically determines if adequate maintenance is met on a case-by-case basis. When assessing each case, they will consider the sponsor’s income, housing costs, total dependants in the family unit, and the cost of the applicant’s care.
Additionally, sponsors must have adequate accommodation for the applicant and other household members. The family must either own or exclusively occupy the accommodation, which must meet the local housing standards and not be overcrowded.
Furthermore, the sponsor must sign an undertaking confirming that they will be responsible for the applicant’s maintenance, accommodation, and care for either five years or the entire time they have permission to stay in the UK.
Care Requirement
A key consideration for the Adult Dependent Visa is the care requirement. Applicants must prove that:
- Due to age, disability, or illness, they require long-term personal care to perform everyday tasks such as cooking or cleaning.
- Even with the sponsor’s practical and financial help, they are unable to obtain the required level of care in their home country because it is not available or affordable or no one in that country can provide it.
The Home Office will determine if applicants fulfil the care requirements on a case-by-case basis, considering each person’s specific needs and the systems available in their home country to provide such care.
Supporting Documents for Adult Dependent Relative Visa Application
To prove eligibility, applicants for the Adult Dependent Visa must submit the following documents:
- A passport or valid travel document
- Proof of relationship with the sponsor with documents such as a birth certificate
- Proof of the sponsor’s legal status in the UK
- Medical evidence of the applicant’s physical or mental condition
- Evidence of unavailable health care in the applicant’s country, such as a doctor’s note.
- Sponsor’s bank statement
- Proof of adequate accommodation
How to Apply for the Adult Dependent Visa
The application process for the Adult Dependent Visa is usually done online via the UK government website.
Applicants must complete the online application form and pay the visa fee of £3,250. Those whose relatives are in the UK with a protection status will pay a reduced cost of £404. Applicants must also pay a health surcharge of £1,035 for each year they’ll be in the UK.
Afterwards, they must attend an appointment at a visa application centre to submit their biometric information. The Home Office will take some time to process the application, usually around 24 weeks, and will contact the applicant when it makes a decision.
What is the Validity Period of the Adult Dependent Visa?
The validity of the Adult Dependent Visa depends on the status of the applicant’s UK-based family member. If the sponsor is British, Irish, or a settled person, they can stay indefinitely. However, if the sponsor has pre-settled or protection status, they can stay for as long as their family member is in the UK.
Conclusion
Adults who require essential and long-term medical care can leverage the Adult Dependent Visa, provided they meet the requirements. Being with family members in the UK ensures they have a team who can assist with daily activities, medical appointments, and emotional support.
However, the requirements are strict and scaling through the application process can be challenging. If you’re considering bringing your relative to the UK through this visa route, seek legal help from an immigration lawyer.
