How can I bring my parents to live with me in the UK permanently?
Moving to a different country often means leaving behind family members, which can be difficult, especially when it comes to aging parents who may need your support. The UK offers a route for those who wish to bring their parents to live with them under the Adult Dependent Relative (ADR) visa. However, the application process can be complex and challenging. This blog provides an overview of the Adult Dependent Relative visa but is not a substitute for receiving tailored legal advice based on your circumstances. For more detailed advice, please arrange a free consultation with our expert Personal Immigration Team.
What is the Adult Dependent Relative Visa?
The ADR visa is designed to allow British citizens, settled persons, and those with refugee status or humanitarian protection in the UK bring their elderly parents to live with them. However, the rules are strict, and the application process requires careful preparation.
Who can apply?
To be eligible, you must meet specific criteria:
- Relationship: The applicant must be a close relative of a British citizen, someone settled (or settling) in the UK, or someone with refugee status or humanitarian protection. Typically, this includes parents, grandparents, or adult children.
- Dependence: The applicant must prove that they require long-term personal care due to age, illness, or disability, and that such care cannot be provided in their home country, either because it is not reasonably available or affordable.
- Caregiver in the UK: The sponsor (i.e. the person living in the UK) must be able to provide the required care. This often involves demonstrating that the sponsor can financially support the relative without recourse to public funds.
- No Alternatives: It must be shown that there are no other family members in the applicant’s home country who can provide the necessary care.
The Home Office can be very strict about these requirements, and failure to meet any of them could result in a refusal. These types of applications carry the highest rate of refusals and many applicants will need to rely upon rights of appeal in order to succeed in their application.
What documents do I need to prepare for my application?
Preparing the right documents is essential for a successful application. The following are some of the key documents you will need:
- Proof of Relationship: Birth certificates, marriage certificates, or adoption papers to prove the family relationship between the applicant and the sponsor.
- Medical Evidence: A detailed medical report from a doctor in the parent’s home country, explaining the medical condition, the care required, and the unavailability or unaffordability of such care locally. It is important that the report focuses on how the condition prevents the Applicant from being unable to carry out everyday tasks.
- Financial Evidence: Bank statements and pay slips to demonstrate that the sponsor has the financial means to support the parent without needing public funds. It is also beneficial to provide a detailed care plan showing how the care will be provided in the UK.
- Accommodation: Proof that suitable accommodation is available for the parent in the UK, such as a property deed or a rental agreement.
- Immigration Status: The sponsor’s immigration status, such as a British passport, settled status, or proof of refugee status.
- Alternative Care Evidence: Documentation showing that no other family members in the home country can provide the necessary care.
Each of these documents must be presented clearly, accurately, and in English (or with certified translations). Incomplete or poorly prepared documentation is one of the main reasons for visa refusals.
What are the potential challenges?
As mentioned above, The ADR visa is regarded by some Immigration practitioners as one of the most challenging UK visas to obtain. The following are some common issues that applicants face:
- Strict Criteria: The requirements are strict, and the Home Office often interprets them narrowly. Many applications are refused because the applicant is deemed not to require long-term personal care or because the care could be provided in their home country.
- Financial Requirements: The sponsor must demonstrate significant financial stability, as the Home Office is keen to ensure that the parent will not become a burden on public funds.
- Complex Documentation: The application process requires a large amount of detailed documentation. Any mistakes or omissions can lead to a refusal.
- Long Processing Times: The application process can be lengthy, and any delays can cause significant stress, especially if your parent is in urgent need of care.
How OTB Legal can help?
Bringing your parents to the UK under the ADR visa is a complex process that requires careful preparation and a thorough understanding of the requirements. It is highly advisable to seek professional guidance with one of our experts in the Personal Immigration Team at OTB Legal.
At OTB Legal, our expert immigration advisers specialise in Adult Dependent Relative visa applications. Additionally, we understand the challenges you may face and are here to help you through the application process with confidence. Our team will work closely with you to ensure that your application is as strong as possible, giving you the best chance of reuniting with your loved ones in the UK.
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