The requirements for adult dependent visa were changed in July 2012 which moved the focus of financial requirements to the health and living conditions of the overseas applicant. The requirements for an Adult Dependent Relative visa are set out in section EC-DR of Appendix FM.
Who can apply?
The applicant must prove that;
- they are dependent on a parent, grandchild, brother, sister, son or daughter who is living in the UK;
- they need long-term care to do every day personal and household tasks (such as washing and cooking) because of illness, disability or age;
- the care they need is not available or affordable in the country they live in; and
- the person they will be joining in the UK will be able to support, accommodate and care for them without claiming public funds for at least five years.
Who can be a sponsor?
A UK based British, settled, or a person granted with refugee or humanitarian protection cannot sponsor unless;
- they are over 18 years old;
- they own or solely occupy a property in the UK in which the applicant can be cared for;
- they are financially able to support, accommodate and care for the applicant.
Require long-term personal care as a result of age, illness or disability
As a result of age, illness or disability, the applicant must require long-term personal care to perform everyday tasks, e.g. washing, dressing and cooking which means that they must be incapable of performing such everyday tasks for themselves. This situation may have been arrived at recently – such as the result of a serious accident resulting in long-term incapacity – or it could be the result of deterioration in the applicant’s condition over several years. The evidence required to show this is set out below.
Evidence in support of the application
The threshold is set very high and the applicant must demonstrate that;
They are unable to receive the required level of care in the country where they are living and no person in that country who can reasonably provide that care. The mandatory requirements to be met are;
- Relationship evidence between the applicant and the sponsor will need to be provided.
- Evidence that the applicant’s physical or mental condition means that they require long-term personal care because they cannot perform everyday tasks, e.g. washing, dressing and cooking. This must be from a doctor or other health professional.
- Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care
- Evidence of adequate maintenance, accommodation and care in the UK
Families considering the adult-dependent relative visa route as an option need to consider these requirements. Proving the need for day-to-day care is tricky in itself, but the added need to show that this care is not available or cannot be afforded is doubly challenging. That is not to say that the route is impossible.