Adult Dependent Relative

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.