Adult dependants joining settled family
The main purpose of this category is for a non-EEA adult dependent relative who is 18 or over, to be cared for in the United Kingdom by their settled family.
You may be dependent on a son, daughter, parent, grandchild, brother or sister who is a British citizen in the UK, a person present and settled in the UK or a person in the UK with refugee leave or humanitarian protection. The applicant must apply from outside the UK.
From July 2012 the immigration rules for adult dependent relatives have been very difficult to meet.
The rules set out in Appendix FM require the applicant to demonstrate that:
They require a level of long-term personal care necessary for the performance of everyday tasks such as dressing, washing, cooking;
The care they require is a result of illness, age or disability;
They are unable to access necessary care in their country of residence either due to cost or availability;
Their sponsor cannot help practically or financially to acquire the level of care needed whilst they are in that country;
No individual in that country can provide this care;
The family member they are thinking of joining is able to take care of them, accommodate and support them for a minimum of 5 years (with an undertaking signed) with no recourse to public funds.
The mandatory evidential requirements must also be met:
Evidence of the family relationship between the applicant and the sponsor: birth or adoption certificates;
Independent medical evidence from a doctor or a health professional that the applicant’s physical or mental condition means that they cannot perform everyday tasks;
Independent evidence from a central or local health authority, a local authority or a doctor or health professional that the applicant is 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;
If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available;
If the applicant’s required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.
The Adult Dependant Relative category is one of only two under the new Appendix FM heading which is exempt from the minimum income threshold requirements for sponsors. Instead the applicant is required to show that they will be adequately maintained, accommodated and cared for without recourse to public funds.
On successful application, the applicant will be granted indefinite leave to enter the UK.
Where the requirements of the rules are not met the Home Office guidance states that the decision-maker must consider whether the ECHR Article 8 right to respect for private life is engaged and whether there are exceptional circumstances which would render refusal a breach of Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family (Britcits v Secretary of State for the Home Department  ECWA Civ 368).
The Surinder Singh immigration route can apply to adult dependent relatives. If a British Citizen moves to another EU member state for a certain period to live, work or study and meets certain conditions, that British citizen and his or her family members, including any relatives in the ascending line may relocate back to the UK in reliance on EU free movement law. If Surinder Singh rights are engaged, the only additional test that needs to be met is whether the family member is dependent. However, it is uncertain what will happen to the Surinder Singh route after Brexit.
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