The Adult Dependant Relative visa is designed to allow a person to join their family in the UK to receive long-term personal care. However, it is famously one of the most difficult UK immigration routes to succeed in, with an extremely high threshold for refusal. The rules are designed to be exceptionally strict, and applications require an extensive and compelling body of evidence to even be considered.
Navigating this challenging application requires specialist legal expertise. Our team of dedicated immigration advisors has a deep understanding of the intricate requirements of the Adult Dependant Relative route. We provide a compassionate, thorough, and strategic service to build the strongest possible case for your family, giving you the best chance of a successful outcome in the most challenging of circumstances.
Understanding the Strict Eligibility Criteria
To be eligible for this visa, both the applicant (the adult needing care) and the sponsor (the relative in the UK) must meet a stringent set of requirements.
Who Can Apply? The Applicant’s Requirements
You, the applicant, must be over 18 and be able to prove that you require long-term personal care to perform everyday tasks due to illness, disability, or your age. This refers to essential daily activities such as washing, dressing, and cooking.
Who Can Sponsor You? The UK Relative’s Requirements
The relative providing the care in the UK must be your parent, grandchild, brother, sister, son, or daughter. They must be living permanently in the UK and hold one of the following statuses:
- A British or Irish citizen.
- Settled in the UK (holding Indefinite Leave to Remain, settled status, or proof of permanent residence).
- From the EU, Switzerland, Norway, Iceland, or Liechtenstein with pre-settled status (and must have started living in the UK before 1 January 2021).
- Holding protection status (leave to remain as a refugee or a person with humanitarian protection).
The High Threshold: What You Must Prove for a Successful Application
This is the core of the application and where most fail. Success depends on providing clear, irrefutable evidence for three critical points.
1. You Need Long-Term Personal Care
You must provide extensive medical evidence from a doctor or other health professional in your home country. This evidence must detail your physical or mental condition and explain exactly why you are no longer able to perform essential, everyday tasks for yourself without assistance.
2. The Required Care is Not Available or Affordable in Your Home Country
This is the most difficult requirement to meet. You must prove that the level of care you need cannot be obtained in your home country, even with your UK sponsor’s financial help. This involves demonstrating that there are no suitable alternatives, such as:
- Care from another close family member in your home country.
- Hiring a private nurse or carer.
- Access to a nursing home or other care facility.
You must provide compelling evidence, such as letters from local doctors, hospitals, or care agencies confirming the lack of suitable facilities or staff, and detailed financial evidence proving that any available options are not affordable for you.
3. Your UK Relative Can Support You for 5 Years
Your UK sponsor must sign a formal undertaking confirming they can and will accommodate, care for, and financially support you for at least five years without relying on any public funds (benefits). The Home Office caseworker will conduct a thorough assessment of their income, housing costs, and the potential costs of your care to ensure this is credible.
The Application Process and Visa Duration
- How to Apply: You can only apply for this visa from outside the UK. It is not possible to switch to this visa from within the UK (for example, from a visitor visa). The application is made online and must be accompanied by the paper form Appendix 1.
- Decision Timeline: When applying from outside the UK, a decision is usually made within 12 weeks.
- Visa Duration and Settlement: If your application is successful and your UK sponsor is a British citizen or is settled, you will be granted immediate Indefinite Leave to Remain. This means your stay is unlimited, and you will not need to apply for extensions. If your sponsor has a temporary status (like pre-settled or refugee status), your visa will be linked to theirs, and you will need to apply for extensions when they do.
Why Expert Legal Assistance is Essential for This Route
The Adult Dependant Relative visa has one of the highest refusal rates of any UK visa category. The evidential requirements are deliberately set at a very high bar and are interpreted extremely strictly by the Home Office.
Attempting this application without specialist guidance is highly likely to result in refusal, leading to significant financial loss and emotional distress. Our expert advisors will:
- Provide an Honest and Detailed Assessment: We will conduct a thorough review of your circumstances and tell you frankly whether we believe you have a realistic chance of success.
- Guide Your Evidence Collection: We will provide you with a precise, strategic checklist of the medical, financial, and country-specific evidence needed to build a compelling case.
- Prepare a Professional Legal Submission: We will draft detailed legal representations to accompany your application, highlighting how you meet every aspect of the complex immigration rules.
- Manage the Entire Process: We handle the entire application from start to finish, ensuring it is prepared to the highest possible standard to maximise your chances of a positive outcome.
About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.