This visa route provides the opportunity for individuals overseas to live in the UK with a family member who will care for them on a long-term or permanent basis.
Applicants must be outside the UK and require a certain level of care from overseas adult family members such as parents, siblings, children or grandchildren.
Any above applicant must have relative, or ‘sponsor’ in the UK who is over the age of 18 and either:
In order to have a strong chance of obtaining an ADR visa, the applicant must satisfy relationship, dependency and financial requirements.
The applicant must have be an adult relative (parent, sibling, child or grandchild) of a UK sponsor (set out above).
Applicants on this route must demonstrate that they have intensive care needs as a result of their age, illness or disability and that these needs cannot be satisfied in their home country. This includes proving that care is either unaffordable or cannot be reasonably provided in their home country. The applicants needs must relate to their everyday life, for example dressing, washing, cooking etc.
If the applicant is the parent or grandparent of a UK sponsor, the applicant must not be in a subsisting relationship with a partner – unless that partner is the UK sponsor’s parent or grandparent and is applying to enter or stay at the same time.
It must be demonstrated that the applicant be can adequately maintained, both financially and in terms of accommodation, in the UK. A specific calculation is made, comparing household income with that a similar UK-based family or individual would receive on state benefits; specific requirements exist for sponsors who are self-employed, reliant on savings or who are employed.
The UK sponsor must provide a signed declaration confirming that they will be responsible for the applicant’s maintenance, accommodation and care for either 5 years or for the period of leave granted. The rules make clear that if an applicant receives public funds during the relevant period the UK government may seek to recover those funds from the sponsor who gave the undertaking.
Where an applicant is unable to meet all suitability and eligibility requirements under Appendix ADR, they may nonetheless be granted a visa if the Home Office is satisfied that refusal would result in “unjustifiably harsh consequences for the applicant or their family”, such as to engage Article 8 ECHR.
The threshold for meeting the requirements under the ADR route is extremely high - the rules do not provide clear guidance on what documentary evidence is required to demonstrate dependency, so legal advice is important, and careful preparation of a case is crucial.
Furthermore, as a degree of medical and social care is available in many countries, the ‘unavailability’ of care can be extremely difficult to prove. Latitude Law can assist in finding ways to demonstrate and explain why adequate care is unavailable to the applicant. It is then necessary to consider whether a UK sponsor could fund care in the applicant’s home country, for example, through payment of fees to a carer or nursing home. If that is a viable option, a visa will not be granted. In this regard, arguments around the social and cultural acceptance of receiving paid care, and of the incidence of “elder abuse” in the applicant’s country, may be essential.
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At Latitude Law, our expert solicitors can assist with all aspects of an ADR application, including the preparation and submission of your application and assisting with appeals against a refusal. We have experience in securing successful outcomes for our clients despite the extremely low success rate for this route.
Thanks to our extensive knowledge of immigration rules, we are able to provide pragmatic advice and meet our clients’ needs. Working with a law firm can be a big decision, which is why we ensure that our clients are at the heart of everything we do. We are a highly driven team that is dedicated to providing clear and reliable immigration advice.
As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity and uncertainty that constantly shifting immigration policies. Our lawyers can provide up-to-the-minute legal advice on your circumstances as well as how any changes will impact your application
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As the requirements for an ADR visa can be complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that the conditions of your ADR are compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
No, the ADR route is only available to applicants from outside the UK. You will not be able to switch to this route from inside the UK. The Home Office will, however, consider applications from those raising similar arguments from within the UK; this happens on an exceptional basis, with cases being considered outside published Immigration Rules. It is only recommended to do this if the applicant can evidence significant health or care needs.
If you are applying as the UK sponsor’s parent or grandparent, you must not be in a subsisting relationship with a partner - unless the partner is also the UK sponsor’s parent or grandparent and is applying at the same time as you.
The current rules within Appendix FM suggest that only one party in an eligible relationship (the couple are the UK sponsor’s parents/grandparents) needs to meet the substantive Adult Dependent Relative eligibility criteria, i.e. daily personal care is needed; such care in home country is unavailable or unaffordable.
This means the couple can both apply under the ADR route although one party is healthy - provided that the healthy party does not provide the care required by the other party.
Applicants applying for entry clearance will be granted settlement if the UK sponsor is British or already settled in the UK at the time of application.
However, if the UK sponsor has temporary permission to be in the UK, the applicant will be granted temporary leave in line with the UK sponsor’s leave.
ADRs who are in the UK with temporary leave can apply to settle at the same time as their UK sponsor; their application will be granted following the approval of their UK sponsor’s settlement application. Exceptions apply when ADRs have been involved in a sham marriage; have used false documents or deception; have owed debts to the Home Office or the NHS; or have breached the conditions of their leave. In such cases, the applicant cannot settle until they have completed a continuous qualifying period of 10 years with leave, or five years with leave after the issue came to the attention of the Home Office.
Applications for permission to stay where the UK sponsor is British or settled will be granted for 30 months.
The application fee is £3,250; no immigration health surcharge is applicable.
It’s currently taking about 24 weeks for an ADR application to be processed.
Your current visit visa will still be valid following a refusal of an ADR application. However, applicants that have unsuccessfully applied for settlement are at a higher risk of being questioned and interviewed by a border officer when travelling with a visit visa - especially when travelling immediately following the refusal decision.
Upon arrival in the UK, the Border Control Officer may wish to examine whether you are a ‘genuine visitor’. Evidence in relation to your ties to your home country, and intention to leave the UK after your proposed visit should therefore be carefully prepared before travelling.
The same scrutiny will apply to people applying for their next short-term visa (i.e. visit visa) who have previously received a refusal for an ADR application. We therefore strongly advise applicants to consider the implications of a potential refusal before applying as an ADR; and to seek legal advice before doing so.
Independent evidence from a central or a local health authority, or from a doctor or a health professional should be provided to confirm that the required level of care is unavailable. Evidence from government and independent sources, news reports and evidence of relevant policy in your home country should also be provided as part of the supporting evidence.
In such cases where care arrangements were in place, but they are no longer available or affordable, relevant documents should be provided to evidence the change of circumstances.
Independent medical evidence from a doctor or a registered health institution in relation to the applicant’s physical and mental condition should be provided to demonstrate the need for long-term care.
Supporting letters from relatives/a previous carer may also be supplied detailing what type of daily tasks the applicant needs assistance for, and the reasons why such care cannot be provided by any person in the applicant’s home country.
Bespoke medical evidence is vital to the success of an ADR application; care must be taken when preparing a case of this kind.
Yes; a right of appeal exists on human rights grounds for such applications. This will continue to be the case when Appendix ADR comes into force from 1st June 2023.
If you are looking to apply for an ancestry visa to provide you with the right to live, learn, and work in the UK, Latitude Law can assist you and help you to navigate the UK immigration system.
By choosing Latitude Law, you can rest assured that you’ll be in safe hands. Our team has an unrivalled level of experience and understanding of Home Office policies, meaning that your application has the best possible chance of being successful.
Whether you’re looking to apply for the first time or aiming to renew your partner visa, Latitude Law is well placed to help you secure the right to live with your family member in the UK.
Since 2007, our team of experienced immigration solicitors have been successfully reuniting thousands of couples and providing qualified EEA nationals with the opportunity to live, work, and join family in the UK.
UK law is focused on keeping families together wherever possible, but the complexities of modern families mean this is not always straightforward. That is because the processes and rules involved can vary significantly according to your circumstances. Navigating the UK’s Immigration Rules can be tricky, which is why Latitude’s lawyers will be with you every step of the way.
