Adult Dependent Relative Visa Applications

The Adult Dependent Relative Route

The adult dependent relative route allows certain family members aged 18 or over to come to or remain in the UK to be cared for by a relative who is a British citizen, settled in the UK, or has protection status. It is one of the most restrictive immigration routes available and applications under it are genuinely difficult to succeed with. Naila will always give you a frank and realistic assessment of the prospects of an application before advising you to proceed, and will explore all available options with you before any steps are taken.

Naila Kosar is a specialist immigration solicitor with extensive experience in adult dependent relative cases. Her advice in this area reflects both her technical expertise in immigration law and her broader background in human rights practice, which informs the care and precision with which she approaches cases of this kind.

Which Rules Govern This Route?

The adult dependent relative route is now governed by its own dedicated Appendix within the Immigration Rules, known as Appendix Adult Dependent Relative, which is separate from Appendix FM. This is worth noting as it means the route operates under its own distinct framework with specific requirements that differ in important respects from other family routes.

Who Can Apply?

The relationship between the applicant and the sponsor is strictly defined and only certain family relationships qualify. Both the applicant and the sponsor must be aged 18 or over and the sponsor must have a qualifying immigration status in the UK. Naila will advise on whether your family relationship falls within the eligible categories before any application is considered.

The Partner Provision

Where the applicant is the sponsor’s parent or grandparent, their partner may also be able to apply at the same time under specific provisions within the route. This can be significant in practice and Naila will advise on whether it applies to your circumstances.

The Dependency Requirement

The dependency requirement is the most demanding aspect of this route and is the point at which most applications either succeed or fail. The requirements relating to the applicant’s need for care and the availability of that care in the country where they are living are assessed strictly by the Home Office. The test is a high one and an application will not succeed simply because better care is available in the UK or because the applicant would prefer to be near their family. Naila will give you an honest assessment of whether the dependency requirement can realistically be met on the facts of your case before you commit to making an application.

The Financial Requirement and Maintenance Undertaking

The sponsor must demonstrate that they are able to provide for the applicant in the UK without recourse to public funds. An important feature of this route is that the sponsor is required to give a formal legal commitment regarding their responsibility for the applicant’s maintenance and care. The implications of this commitment are significant and Naila will ensure you understand them fully before any application is made.

Entry Clearance

An adult dependent relative must apply for and obtain entry clearance before arriving in the UK. The in-country position is more limited and Naila will advise on what options are available depending on whether the applicant is inside or outside the UK.

Period of Grant

The leave granted, and whether it takes the form of immediate settlement or temporary permission, depends on the sponsor’s own immigration status at the time of the application. Naila will advise on what outcome you can expect given your sponsor’s circumstances.

Article 8 ECHR

Where an applicant does not meet all the eligibility requirements of the adult dependent relative route, it may still be possible to argue that refusal would breach Article 8 of the European Convention on Human Rights. This provision is expressly built into the Appendix and can be relevant where the strict requirements cannot be met. Naila has considerable experience in identifying and advancing Article 8 arguments in this context and will advise on whether such an argument is available in your case.

What Happens if an Application is Refused?

The appeal rights available following a refusal under this route are more limited than under some other immigration routes. Given this, it is particularly important to seek specialist advice before making an application, as a poorly evidenced application is very difficult to remedy after the fact. Naila will advise on what challenge options are available if an application is refused, including whether a human rights appeal or judicial review is appropriate.

How Naila Kosar Can Help

Naila provides a full advisory and application service for adult dependent relative cases. Given the restrictive nature of this route, early advice is strongly recommended before any steps are taken towards making an application. Naila will give you a clear and honest view of the prospects from the outset and will explore all available options with you before advising you to proceed.

Naila operates on a private fee basis and details of her fees are set out on the main immigration page.

Contact Naila Kosar

Adult dependent relative applications require specialist preparation and a thorough understanding of what the Home Office requires. If you would like to discuss whether this route is available to you and what would be involved in making an application, please contact us to arrange an initial consultation.

Our offices in Manchester (Burnage) and Stockport (Heaton Moor) are easily accessible, and Naila represents clients throughout the United Kingdom.