Understanding the Challenges
Bringing overseas parents to the UK under the adult dependent visas decision scheme can feel like an uphill battle. UK & Settled nationals face emotional challenges alongside practical ones when applications are refused. Each denial can feel like a setback, often leaving applicants with the difficult choice of appealing to the Upper Tribunal Chamber. In our post, we will explore common reasons for refusals, offer insights into how applications are evaluated, and examine why so many end up at the Upper Tribunal Chamber for reconsideration.
The complexities surrounding adult dependent relative visa applications begin at the very outset of the process, as UKVI caseworkers must evaluate applications against specific validity requirements. These criteria form the foundation of any successful adult dependent visa application. Below, we break down the key considerations UKVI caseworkers assess:
Application Validity Requirements:
Location of Application Submission:
Adult dependent visas cannot be submitted from inside the UK. Family Member Dependents in the UK must apply under the Further Leave to Remain – Human Rights category, which is distinct from the adult relative visa route.
TB Certificate Requirement:
A Tuberculosis (TB) certificate is mandatory for all adult dependent relative visa applications. This health requirement is a standard consideration and a common reason for application rejections if missing or incomplete.
Eligibility of Sponsor:
The relative sponsor must be either a UK national or a settled national holding Settled Status or Indefinite Leave to Remain (ILR) to qualify.
Applicant’s Passport and Age Requirement:
Applicants must hold a valid passport and be at least 18 years old at the time of submission.
Fee Payment or Waiver:
Home Office Application fees must be fully paid, or the applicant must qualify for and hold a valid exemption through a fee waiver, either partially or in full.
Biometrics Process Completion:
Your family member biometrics process must be completed before the application can be processed further, as it confirms the applicant's identity.
Permission to Stay for In-Country Applicants:
Applicants applying for permission to stay must be physically in the UK on the date of submission and should have previously held entry clearance or permission to stay as an Adult Dependent Relative visa.
UKVI Caseworkers will assess the application meets all validity requirements this also includes suitability & entry requirements. Applications failing to meet these validity, suitability & entry requirements are considered invalid and may be rejected. This initial evaluation plays a crucial role in determining whether an application will be assessed on its merits or dismissed outright before it has even been fully assessed.
Common Grounds for Refusal
Financial Requirements
Meeting the financial criteria is often one of the more challenging aspects of the adult dependent visa application, though it may not be the most decisive factor in determining an application’s outcome. UK sponsors are required to show that they can financially support their dependents without reliance on public funds. This is achieved by meeting adequate maintenance requirements covering monthly housing and council tax costs for the accommodation in the UK where the applicant and any other family members would reside, should the application be successful. These requirements are assessed under the principles of Appendix FM and the Adequate Maintenance & Accommodation criteria for adult dependents.
A key component is demonstrating that appropriate long term care arrangements are in place for the dependent upon their arrival in the UK. This includes ensuring that the accommodation is suitable and meets the specific needs of the applicant alongside those of any family members already living there. Evidence might include documentation such as proof of stable income and confirmation that the accommodation meets specific standards for the adult dependent’s needs, including demonstrating their inclusion will not cause overcrowding.
Many applicants find it difficult to gather the comprehensive evidence required, resulting in refusals. For example, the sponsor may need to submit various forms of evidence proving that the accommodation is both suitable and sufficient, and that there is a stable income source. A thorough understanding of these financial requirements can make the application process smoother and help demonstrate that the adult dependent will not place an undue burden on public services.
Relationship Evidence
Proving the legitimacy of the family relationship between the UK sponsor and the dependent is critical. Caseworkers seek robust supporting evidence that establishes a genuine, ongoing relationship. Submitting a few photographs without context is often insufficient and likely to result in refusal.
To present strong evidence, focus on quality, ensuring it genuinely reflects your relationship with the applicant. This may include documentation that highlights a close family connection and, if applicable, supports the joint application of both parents if they are still together.
Applicants should demonstrate how their circumstances have evolved over time, particularly if this impacts their care needs. The UK sponsor should provide a feasibility assessment of care provisions and associated costs, explaining why these needs can only be met in the UK. Whilst demonstrating the level of support currently and historically provided. Showing a consistent and enduring relationship over time, so it becomes clearer to the caseworker that the application is based on genuine family ties.
Health and Care Requirements
Caseworkers also closely examine the long term personal health and care needs of the adult dependent including the level of care required. The application should provide a detailed account of the dependent's medical history and the support systems necessary upon their arrival in the UK.
Depending on the specific healthcare requirements, sponsors should prepare a comprehensive care plan outlining the services needed and available in the UK. For instance, if the applicant has been diagnosed with a chronic condition, it’s essential to show how their needs have progressed, making it impractical for these to be met in their home country. Applicants should present evidence that demonstrates why their care needs are unaffordable or unattainable in their current setting.
It is also important to address psychological or physiological aspects if applicable. Medical evidence from a healthcare provider is crucial here, documenting the necessity for care and who can provide it. A well-prepared healthcare plan can alleviate caseworker concerns, substantially enhancing the applicants’ chances.
Factors Influencing UKVI Caseworker Decisions
Suitability Requirements
The quality of submitted documentation heavily influences the success of adult dependent relative visa in meeting the suitability criteria around finances, relationships, and long term healthcare needs. Applications that fail to meet these requirements are likely to be refused and may even fail the threshold eligibility criteria for consideration at appeal to the Upper Tribunal, as many applications are denied by caseworkers on suitability grounds.
To maximize the application’s success, applicants should ensure all required documents are included, organized, and clearly labelled. Attention to detail can create a compelling case, positively influencing appeal caseworkers' decisions, which can increase the likelihood of the case progressing further to the appeal stage.
Next Steps After Refusal
Referral to the Upper Tribunal Chamber:
Unfortunately, adult relative visa applications often face initial refusal by UKVI caseworkers, as it’s common for these applications to be rejected, granting applicants and their sponsors the right to appeal the decision at the Upper Tribunal Chamber. Understanding this appeal process is crucial for anyone affected by a refusal.
Adult dependent applications are frequently refused under ADR 7.2, as applicants often fall short on suitability grounds. However, under ADR 7.1, if the applicant does not meet all suitability or eligibility requirements under ADR 7.2 but the decision-maker is satisfied that refusal would breach Article 8 of the ECHR (European Convention on Human Rights), the application decision can be challenged at appeal. The appeal process generally involves submitting a Notice of Appeal, outlining grounds for the appeal and including all necessary documentation. The tribunal will then review the case for potential rule violations or errors made in the initial decision.
Taking a methodical approach to the appeal process is essential. Consulting a legal professional can help ensure the appeal is thoroughly prepared, increasing the chances of a favourable re-evaluation. Additionally, showing any improvements made, such as revised documentation, can significantly strengthen the appeal process
Final Thoughts
Understanding the common reasons for adult dependent visa refusals is crucial for UK nationals looking to bring their parents from abroad. By focusing on financial requirements, relationship evidence, health and care needs, and the factors that influence caseworker decisions, applicants can significantly improve their chances of future success, especially when appealing through the Upper Tribunal Chamber.
Being thorough and well-informed about the application process is essential. Your legal representative should address the initial challenges associated with your case from the outset, guiding you through every step, including how your case will be presented at the Tribunal. This approach should map out a clear pathway, identifying all potential obstacles to be resolved before achieving success. With careful documentation and effective presentation techniques, sponsors can convey their intentions clearly and strengthen their case, ultimately increasing the likelihood of a favourable outcome.
Understanding the UK visa application landscape for adult dependents empowers sponsors. By proactively addressing issues in previous applications, they can significantly improve the chances of uniting with loved ones in the UK.
Finding the right support for Adult Dependent Visa Application Decisions
Securing the correct level of support is crucial for adult dependent visa applications, particularly since many of these cases are referred to the Upper Tribunal Chamber for further consideration. To navigate this process effectively, we recommend using the same representative from the initial application stage through to any potential referral to the Tribunal.
We advise using the OISC Immigration Adviser Finder Portal, which helps you locate qualified immigration advisers within 50 miles of your postcode. When selecting a representative, it’s beneficial to choose "All categories" or "Asylum and protection advice" since many adult dependent cases are referred due to Article 8 of the ECHR. For the “Type of Advice” option, selecting "L3 Advocacy & Representation" is recommended, as cases of this nature are more likely to require representation at the Tribunal level.
In addition, the ILPA Immigration Adviser Register includes qualified immigration advisers, solicitors, and barristers who can provide support throughout both the application and appeal stages.
Need Help finding Support
Disclaimer: The information provided above is for general purposes only relating to Immigration visa application procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth advice and assistance. All enquiries receive a free initial application assessment to clarify how you meet the general application requirements of the above application route.
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