ADULT DEPENDENT RELATIVE VISA APPLICATION

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A British Citizen, a person having ILR or Humanitarian Protection or Refugee leave can invite parents, brother or sister or a child above 18 years of age to join in the UK on long term basis. Applicants need to make a visa application as Adult Dependent Relative from the country of their origin and provide all the necessary documents relevant to Adult Dependent Visa application. Requirements for Adult Dependent Visa application are as following. A minor mistake or absence of a necessary document may result in the refusal of Adult Dependent Visa application.

REQUIREMENTS FOR ADULT DEPENDENT RELATIVE VISA APPLICATION

On 24 May 2017, the Court of Appeal upheld the lawfulness of the adult dependent relatives Rules in Britcits v The Secretary of State for the Home Department [2017] EWCA Civ 368.  The judgement in this case lists the requirements for the adult dependent relative and the requirements for the Sponsor of the adult dependent relative to be met in order to apply for Adult Dependent Relative Visa Application.

Requirements for the Adult Dependent Relative  

  • The adult dependent relative must be the parents, brother, sister, son or daughter above 18 years of age, of a British Citizen or a person having Indefinite Leave to Remain, refugee leave or a person having Humanitarian Protection leave.
  • The applicant must be above 18 years of age
  • The applicant`s sponsor must be above 18 years of age
  • The applicant must require long term personal care as a result of age, disability or illness.
  • And such care cannot be provided in their home country, even through practical and financial help of the sponsor

Requirements for the Sponsor in Adult dependent relative visa application

The sponsor of the adult dependent relative needs to provide evidence that the applicant would be maintained and accommodated without recourse to public funds and would require providing an undertaking confirming this.

Once the Adult Dependent Relative Visa Application is approved, the applicant is given Indefinite Leave to Enter provided that the sponsor is either a British Citizen or a person having settled status in the UK.

How long you can stay in the UK with an Adult Dependent Relative Visa?

If you applied to join a family member who is a British National or a settled person in the UK, you do not need to apply to extend your stay.

On the other hand if you are relying on your sponsor who is a family member with a refugee status or humanitarian protection in the UK then you will need to apply to extend your stay.

 

Financial Support for adult dependent relative visa Application

It is extremely important to provide all the required documents or information with the Adult Dependent Visa Application, as otherwise one may have to either make a fresh adult dependent relative visa Application and pay hefty fees once again or lodge appeal against the refusal of adult dependent relative visa Application and wait for a prolonged period of time to have the decision overturned.

 

Care Facilities in Home Country for adult dependent relative visa Application

It is extremely important to provide evidence of lack of care facilities in home country or the costs of care, if there is any available, in support of adult dependent relative visa Application.

 

Adverse Immigration History of the adult dependent relative

The immigration history of the adult dependent relative also gets relevant if they have been refused for any other visa application earlier and the home office considers the applicant more cautiously to assess the genuineness of the application.

REFUSAL OF ADULT DEPENDENT VISA APPLICATION

Following are the main reasons of refusal of adult dependent relative visa Application:

  1. Insufficient Documentary evidence relating to financial support
  2. Insufficient Documentary evidence of availability of care facilities in home country
  3. Adverse Immigration history of the adult dependent relative

APPEAL AGAINST REFUSAL OF ADULT DEPENDENT RELATIVE VISA APPLICATION

An application for Adult Dependent Relative Visa application attracts full rights of appeal. It is extremely important to provide all the required documents or information with the Adult Dependent Relative visa application, as otherwise one may have to either make a fresh adult dependent relative visa Application and pay hefty fees once again or lodge appeal against the refusal of adult dependent relative visa Application and wait for a prolonged period of time to have the decision overturned.

It is mandatory for the Home Office to give reasons of refusal along with the notice of decision and to inform the applicant about their rights of appeal against the refusal of adult dependent relative visa Application, if applicable. The reasons of refusal shall disclose all the issues / concerns of the Home Office which have been identified by the Visa officer or the Home Office on the basis of the information / documents provided by the applicant or the information already held on record by the Home Office.

Time to Lodge Appeal against refusal of Adult Dependent Relative Visa application

The applicant has 14 calendar days to lodge appeal to the First Tier Tribunal (Immigration & Asylum Chamber) or 28 calendar days if the applicant is based overseas against refusal of Adult Dependent Relative Visa Application. The Immigration Tribunals are quite strict in adherence to the time limits and one has to give a good reason, in case of any delays

Grounds of Immigration Appeal against refusal of Adult Dependent Relative Visa application

One has to carefully consider and draft the grounds on which he may rely in his immigration appeal against refusal of Adult Dependent Relative Visa Application. This is an opportunity for the appellant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of the immigration application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

Drafting grounds of appeal for Adult Dependent Relative Visa application is a specialized area of immigration work and should therefore be left for the experts to handle it.

Adult Dependent Relative Visa Refusal Court Hearings – Bundle of Documents

Once immigration appeal is lodged along with the grounds of appeal, the Asylum and Immigration Tribunal schedules the appeal for a full court hearing.  Court hearings take place on the scheduled date and venue unless a very good reason is presented to seek adjournment of the court hearing.

The appellant or his legal representatives needs to prepare a bundle of documents for the upcoming hearing that is generally sent at least 5 working days before the court hearing. The bundle should include the witness statement of the appellant or any other witnesses that the appellant wishes to present to the tribunal, a chronology of relevant events, skeleton arguments and all the documents relevant to the issues raised in the notice of decision or the reasons of refusal.

It is really important to advise the witnesses of the appeal to be well prepared for the hearing and what to expect on the court hearing date. It has often occurred that the witnesses get confused or panic just because they were asked unexpected questions which they were not sure about or they were not advised anything about it.

Adult Dependent Relative Visa Appeal Immigration Barristers

We have several renowned immigration Barristers on our panel who have won a great number of Adult Dependent Relative Visa application appeals for our clients. We really trust our team of barristers in representing our clients in the First Tier Tribunals. We work in liaison with the best Immigration Barristers. It is equally important to prepare the client for the hearing at the First Tier Tribunal, advising them on what to expect on the court hearing and how to handle any unexpected questions.

Why to instruct Chauhan Solicitors to advise you on your Adult Dependent Relative Visa application or Refusal of Adult Dependent Relative Visa

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Adult Dependent Relative Visa Application.

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