Being separated from a parent who is in another country can be difficult. Even more stressful, can be the fact that he/she is alone and has no-one to depend on. In many cultures, particularly in the Asian subcontinent, off-spring are expected to look after their aging parents. There are no provisions for care homes or pensions and the parent is dependent on their adult child in their old age to care for them. How do the U.K’s immigration laws treat this situation? Do we not all deserve the right to a family life together?
The position in the Immigration Rules is clear. If you satisfy the very onerous requirements then an adult dependent can be granted indefinite leave to remain in the U.K and reside with his/her adult sponsor. The catch however, is it is extremely difficult to satisfy the criteria.
First of all the person you want to sponsor has to be a parent, grandparent, sibling or child over the age of 18 of the person who wants to call them over. An uncle or aunt does not fulfil this criteria.
Secondly you need to be able to show that your adult relative dependent has a level of long term personal care that they cannot get in their own country, either due to cost or availability. Personal care is defined as requiring assistance with everyday tasks such as washing, cooking, dressing. This can be due to age, illness or disability which means they require long term personal care to perform everyday tasks. You will need independent medical evidence to prove the relatives physical or mental condition. You will also need to prove the relationship by way of birth certificates or other evidence.
Thirdly you have to prove that they cannot get the care in their home country, even with the practical and financial help of the sponsor because it is not available and there is no-one to provide it or it is not affordable. If they have a spouse or other child in that country living with them or nearby then the Application is likely to be refused as they will be expected to look after the relative.
The Application has to be made from abroad. It cannot be made from the UK.
These are very difficult Applications to make and recent statistics show the number of successful Applications has significantly fallen. It is vital that you instruct the right solicitor to do this for you.
If you do wish to bring over a parent or grandparent to the UK to look after them, please call our Immigration Team. We can assist in advising you on the Application for an Adult Dependent Relative Visa.