An adult dependent relative of:
- a British citizen in the UK
- a person settled in the UK
- a person in the UK with refugee leave or humanitarian protection
- a person in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3.(d)
can apply for entry clearance to settle in the UK, if they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided in the UK by their relative and without recourse to public funds.
The problem:
Applications and appeals for adult dependent relatives are difficult to succeed – the threshold for success is simply too high.
The following must be evidenced so as to be considered by the entry clearance officer:
- the applicant must, as a result of age, illness or disability, require long-term personal care: that is, help performing everyday tasks, for example 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 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
How an applicant might be affected on a day-to-day basis:
The Sponsor’s relative abroad might be affected in the following ways:
- have a learning or physical disability such that he cannot feed, wash or dress himself
- have been involved in a road accident and as a result has developed a long term condition which means that he can no longer care for himself.
- a parent or grandparent might be aged 70 or over and has become increasingly frail and forgetful or has poor eyesight or has had a hip replacement affecting their ability to met everyday tasks for themselves
Recent successful adult dependant relative application:
It is possible for a dependant mother, father, grandparent, sister, brother or adult child of a British or other UK settled sponsor to obtain entry clearance to the UK so as to settle here.
An application I prepared has recently been granted by an Entry Clearance Officer.
The application enabled a British sponsor in his late thirties to support his disabled dependant brother of a few years younger to obtain a grant of indefinite leave to enter from Pakistan.
Following two questions from the entry clearance officer seeking further clarification of updated circumstances, information and relevant accompanying evidence was provided on behalf of the applicant. Indefinite leave to enter was thereafter granted by the entry clearance officer.
It is important to note that each case is decided based on individual circumstances however several issues can be addressed whilst preparing the application so as to assist in improving the chances of permission to enter being granted.
Issues to consider:
Advance preparation is key.
- There must be rigorous efforts to obtain supportive medical evidence in relation to the applicant’s physical or mental condition. This evidence must be clear, detailed and address matters as required by the relevant Immigration Rule and accompanying Guidance. It is important, wherever possible, that the medical expert or GP be provided with a formal letter of instruction seeking clarification on issues the entry clearance officer might expect to see addressed in an effective medical report.
- Where identified as relevant, research should be conducted so as to address the provision of evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living.
- Preparation of a full and effective statement for the Sponsor is a must.
- Even where the Sponsor has been paying for a carer to visit each day to help their relative wash, dress and to cook meals, consideration should be given to providing detailed reasons why such an arrangement can no longer continue.
- The Sponsor must provide reliable evidence to show how they are related to their relative.
- The Sponsor must explain and provide evidence showing they can adequately maintain and accommodate their relative in the UK without recourse to public funds.
- The Sponsor should explain how the applicant will be cared for in the UK without recourse to public funds.
- Those abroad providing temporary care for the applicant should provide clarificatory statement/affidavits, explaining why the temporary arrangements can no longer continue.
- Written Representations should pick up from the evidence provided including from the prepared statements/affidavits.
- Representations must set out effectively and appropriately relevant matters, not shunning away from problematic areas but deal with them head-on.
- Where possible and with the applicant’s informed consent, show appropriate photographs of the extent of the applicant’s physical problems.
- Show photographs of where it is said the applicant lives, for example an applicant may have been temporarily left with a friend and their sleeping area/bed might be in the corner of the living room where others eat and spend the day before retiring for bed. Show the extent to which it is said the presence of the applicant is considered intrusive upon the family lives of those friends or others who have so far been willing to look after the applicant on a temporary basis.
- Include within representations detailed arguments in relation to Article 8 family life exceptional circumstances in the alternative. The Sponsor’s statement will be a starting point in this regards clarifying the extent of the family life with the applicant. Evidence of the Sponsor’s travels to visit the applicant abroad, sending of money remittances, messages or video calls will also be relevant to family life considerations.
- Leaving problematic matters aside so as to deal with them at a possible appeal should not be an option.