Entry Clearance For Indefinite Leave To Enter (ILE) As Adult Dependent Relative (ADR)
The elderly parents and other adult dependent relatives of following persons can apply for entry clearance as adult dependant relatives:
A British citizen in the UK; or
A person present and settled in the UK; or
A person in the UK with leave to remain as a refugee; or
A person in the UK with Humanitarian Protection Leave.
An adult dependant can be a:
Son of Daughter over 18
You must apply for adult dependant relative visa from outside the UK as you cannot switch into this route from inside the UK. You'll need the British citizen or settled person who will be looking after you (also called your 'sponsor') to complete a sponsor form and sign it to confirm they will support you.
The Immigration Rules require that: -
The applicant must, as a result of age, illness or disability, require long-term personal care: that is help performing everyday tasks, e.g. washing, dressing and cooking;
The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living because it is not available and there is no person in that country who can reasonably provide it, or because it is not affordable.
The Entry Clearance Officer (ECO) must be satisfied that the applicant will be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds. If the sponsor is a British citizen or settled in the UK, they must sign a 5-year undertaking to that effect, at the entry clearance stage.
Long-term personal care as a result of age, illness or disability
As the result of age, illness or disability, the applicant must be incapable of performing everyday tasks for themselves, e.g. washing, dressing and cooking. This 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.
Unable to receive the required level of care in the country of his/her residence
The Home Office rules require that the applicant has no access to the required level of care in the country where he/she is living, even with the practical and financial help of the sponsor in the UK. This could be because it is not available and there is no person in that country who can reasonably provide it, or because it is not affordable.
No person in the country who can reasonably provide care
The Entry Clearance Officer (ECO) should consider whether there is anyone in the country where the applicant is living who can reasonably provide the required level of care.
This can be a close family member:
Another person who can provide care, e.g. a home-help, housekeeper, nurse, carer, or care or nursing home.
According to the Home Office, Policy Guidance, if an applicant has more than one close relative in the country where they are living, those relatives may be able to pool resources to provide the required care. The ECO should also bear in mind any relevant cultural factors, such as in countries where women are unlikely to be able to provide support.
Grant of Indefinite Leave to Enter/Limited Leave to Enter
Adult dependent relative of a British citizen or a person present and settled in the UK
If all of the requirements of the rules are met, Indefinite Leave to Enter (ILE) will be granted.
Adult dependent relative of a person in the UK with refugee leave or humanitarian protection
If the applicant meets the requirements for entry clearance as an adult dependent relative and the sponsor has limited leave, the applicant will be granted limited leave to enter of a duration which will expire at the same time as the sponsor's limited leave, and subject to a condition of no recourse to public funds.
This means that after a grant of entry clearance in this route the same suitability criteria and eligibility criteria that the adult dependent relative of a sponsor with refugee leave or humanitarian protection met at entry clearance must be met for a further grant of limited leave in this route.
In order to be eligible for a Family of a Settled Person visa, you must:
Be older than 18, unless you are a child coming to join your parent
Plan to live with your family member in the UK, unless you are a parent applying to join a child in the UK who lives with someone else
Prove that you and your family will have an adequate home in the UK
Speak good English (unless you are a child). This means scoring level A1 on a Common European Framework of Reference for Languages test, or having a university level degree that was taught in English*
*Citizens of countries listed below do not have to prove their English language ability:
Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the USA.
If you are applying to join your Spouse,
fiancé, civil partner or unmarried partner in the UK they must have a certain level of income or savings to support you and any children.
The financial requirement can be met by income from a legal source, such as earnings, rental income, or maternity/paternity pay, as well as savings. Any savings must have been held for 6 months or more.
Number of family members on the application
Financial requirement (per year)
Partner and one dependent child
Each additional dependent child
Further information, help, and advice
Our team of specialists have years of experience in visa services. We work with clients under Section 84 of the 1999 Immigration Act and can submit your UK visa application to the Home Office to be dealt with on the same day.
For more information and advice on UK immigration law and UK visa applications please contact us on 0203 488 2308 or email us at Info@worldwideimmigration.co.uk