1. Home
  2. What we do
  3. Partners and Families
  4. Adult Dependant Relative

Elderly Parents | Partners and Families | Family Members | ICS Legal

On this page

The “Adult Dependant Relative” (ADR), also known as the “Elderly Dependant Relative Visa” is designed for a parent, grandparent or another dependant relative to join their family members in the UK. Leave is usually granted based on the Sponsor’s status and does lead to indefinite leave to remain in the UK.

What are the visa requirements for the Adult Dependant Relative?

Both the Applicant and the Sponsor must meet the specified requirements of the Immigration Rules. This is set out on Appendix FM. Here is a list of requirements for the Adult Dependant Relative visa which you must meet in order to apply under this category:

  1. You must meet the suitability requirements, and demonstrate that you will not be a burden to the State. This includes but not limited to social services, local authority services to name a few.

  2. The aim of this category is for you to demonstrate that both care and financial support will be provided adequately by the Sponsor in the UK.

  3. Both you and your Sponsor must be related.

  4. You must be aged 18 years and over at the date of application.

  5. You must provide evidences that as a result of your age, illness or disability, you are unable to look after yourself and need personal care.

  6. The Sponsor in the UK must provide evidences to demonstrate that they can provide the care as well as financial & adequate accommodation in the UK.

Unlike most of the other immigration categories, the Adult Dependant Relative visa is not a matter of providing a set of documents, and is determined based on your circumstances. The visa category requires information & evidences, to demonstrate that this care cannot be provided elsewhere and that the Sponsor is in the best position to provide the care.

As part of the Adult Dependant Relative application consideration, the Home Office must be satisfied that there is no alternative care available, in the country which you reside.  As part of that assessment, we will advise you as part of the application, which information and evidences would be relevant to support the visa application.

In this Adult Dependant relative application, the Sponsor who will be usually based in the UK will provide evidence that they are settled in the UK & provide both the financial and adequate accommodation. Those holding either refugee or under humanitarian protection can also bring their family members under the UK dependent visa.

Human rights and Article 8 ECHR consideration on the Adult Dependant Relative visa

The visa route requires evidences of family life between you and your sponsor’s, therefore attracting the protection of Article 8 ECHR. The Home Office accepts that you and your sponsor’s will have blood ties however information & evidences must demonstrate that the relationship is more than emotional ties.

This would include demonstrating there are both financial and other forms of dependency that are relied upon. As part of the assessment, relevant factors will include the age, health and vulnerability of the applicant, the closeness and previous history of the family, the applicant’s dependence on the financial and emotional support of the family, and the prevailing cultural tradition and conditions in the country where the applicant lives.

What is the process for the Adult Dependant Relative visa?

The visa application is applied online and can only be applied from outside of the UK. However under exceptional circumstances, an application can still be lodged however you must take legal advice prior making an application.  

How long does the Adult Dependant Relative visa take?

The decision by UKVI on this visa usually takes around 12 weeks. It may be possible to fast track the application; however it depends on the Applicant previous immigration history.

How long does the Adult Dependant Relative visa is granted for?

Usually the visa is granted for a period of 30 months, and once being in the UK, a further period of 30 months is granted. Once you have completed 60 months in the UK, you would be able to apply for indefinitely.

What conditions are placed on the Adult Dependant Relative visa?

The visa conditions are as follows:

  1. You will not be permitted to claim public funds.

  2. This visa is usually granted for an indefinite period unless the Sponsor does not have a settled status in the UK.

  3. You will be permitted to work full time or be self-employed.

When an Adult Dependant Relative visa is refused?

If the visa application is refused, it generates a right to appeal. If you have lodged this application from outside of the UK, then an appeal must be lodged within 28 days following the date of service.

It is possible to resolve the issues at the time of the appeal being lodged. This depends on the grounds raised by the Home Office. Our UK Immigration Lawyers will look at the grounds of the refusal, check whether the evidences were supplied and advise on how best to appeal against the decision.

Getting help & legal advice on the Adult Dependant Relative visa?

At the starting point to this visa category, we advise both you & your sponsor’s to take legal advice, so we can check whether the requirements of the Immigration Rules have been met. As both Brexit & Immigration Law are changing, the Adult Dependant Relative visa is a complex application.

We understand that our Client’s wishes to bring their family members in the UK especially if they have elderly parents or siblings, who require both personal & emotional care. Our UK Immigration Lawyers understand the importance of family life and we consider that it may breach a person’s human rights if the Home Office interferes with that right.

The evidences will be assessed and our legal representation letter will set out both the factual matrix of the application as well as relevant policies & laws that are applicable to demonstrate that the Adult Dependant Relative visa are being met.

We appreciate the diverse challenges we face from 'No Win No Fee firms and 100% success rates'. ICS Legal are not in the business to provide such promises, after all we are not the Home Office. Our trust with you is based on our conversation, in spite of everything and above, all you are buying is our expertise & knowledge which we have.

We have been part of the immigration changes and will continue to be part of this, as we continue to support our Clients through their Adult Dependant Relative Visa application. You can contact us on 0207 237 3388 to get more information on how we can help you or you can email us on info@icslegal.com.

Related FAQ's

We specialise in Immigration Law, Human Rights Law, British Nationality Law & European Law. Our lawyers provide honest, exceptional service to our clients. We believe that our service starts when we submit your application and we want our client to know we will keep them informed, answer there questions and your case worker will be just a phone call away.

Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.

There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.

Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.

Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.

The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.

We are regulated by the Office of the Immigration Services Commissioner (OISC). OISC is the government regulated body and it is a criminal offence if someone is providing Immigration advice without being regulated by the OISC. We are also members of Joint Council for the Welfare of Immigrants (JCWI). JCWI is an independent national voluntary organisation, campaigning for justice and combating racism in immigration and asylum law and policy.
Your case worker would take some background information regarding yourself. Relevant questions would be asked to ascertain whether your case can be handled by our team. You will also be able to ask questions, understand what is required to meet the Immigration Rules, Nationality Law and EU Law where relevant. Should we be able to provide assistance, your case worker will give you a customer care letter whereby it would outline the service agreement and the cost associated.
After each consultation we aim to provide a consultation report which would outline what was discussed, the action plan and what to do next.
We have a procedure in place for ensuring client confidentiality. We keep the affairs of our clients and all information relating to our clients confidential, except where we are compelled to disclose information by reason of a legal or regulatory obligation.
A customer care letter from us will ensure that we outline the service we would be providing, it would also provide a break down of the costs associated so you can rest assure that there are no hidden charges and that fees do not go up unless changes are made (i.e. Home Office fees etc).

We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.

 

Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.

Yes, we have a special provision with the Home Office and majority case decisions are made on the same day.
As a private legal firm, we want to ensure we can provide the service you want. Our fees are very competitive and that is why we do not provide a No Win No Fee service as we do not feel the need to over charge our clients with such schemes.
With us, you will know exactly what we would be charging. The fees are to be paid through cheque, cash or bank transfer. Home Office fees can be paid to us and we can make the payment on behalf of you. If there is any changes in Home Office fees, we will let you know immediately.
Our commitment to our clients is that we will update you every time we get an update from the Home Office. The waiting period can be a very daunting time as decisions can be life changing however the Home Office do set some guidelines on waiting times, but we intend to keep you updated throughout the process.
No, and this is the same even if you use a no win no fee service, it would be impossible for anyone to guarantee a successful application. The likelihood of an application being successful can be given based on previous cases or success rates, however we do not operate such a policy of selling our services based on previous applications.
We aim to ensure that this service is not used by any of our clients, but there are times where even with the best possible applications are unsuccessful. As we take our clients cases personally, we would like to provide a helping hand. We have designed an aftercare service whereby if your case fails, then your case worker would be able to help you look at other formalities of staying in the UK should you have valid leave still remaining or help you make an out country application. Please note should you require appealing on your matter, we can only deal with the initial appeal and your application will be straight away referred to an advisor who deals with representations.
It is vital that all our clients can provide honest feedback, we would encourage this and this helps us to become better on our service delivery.
No, we are a law firm which provides support in UK Immigration, Nationality and EU Free Movement Rights. However we have a subsidiary company which is jobslibrary.co.uk whereby you can look for work, apply and discuss with potential employers. We cannot influence any decisions and finding work is not something our team deals with.

1) You contact us through e-mail or phone.

2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.

3) Your case then gets passed to a case worker.

4) Case Worker would contact you to set up an initial meeting.

5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.

6) You authorise us to be your legal representative by signing our customer care letter.

7) We will then start to request documents and information about your case this will build up your case pack.

8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.

9) Where possible we will go through every aspect of your case before case submission.

10) We will continue to update you throughout the case life cycle .

FAQ
Speak to a Lawyer