Settling in UK with Adult Dependent Relative: Refugee, Humanitarian or Limited Leave, Slides of Family Sociology

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Family Policy

Adult dependent relatives

Version 3.

Contents

Evidence that the applicant is unable, even with the practical and financial help of

• Contents.........................................................................................................................
• About this guidance
  • Contacts
  • Publication..................................................................................................................
  • Changes from last version of this guidance
• Introduction
• Grounds for refusal
  • Applications under Appendix FM...............................................................................
• Suitability requirements
  • Suitability
    • Addressing suitability
    • Refusal on the grounds of suitability......................................................................
• Entry clearance
  • Entry clearance as an adult dependent relative......................................................
  • Eligibility for entry clearance as an adult dependent relative
  • Relationship requirements
  • Financial requirements
• Assessing the requirements
  • Require long-term personal care as a result of age, illness or disability................
  • Unable to receive the required level of care in the country where they are living
  • No person in that country who can reasonably provide that care
  • Adequately maintained, accommodated and cared for
  • Example scenarios
• Evidence in support of the application
  • Evidence of the family relationship
  • term personal care Evidence that, as a result of age, illness or disability, the applicant requires long-
  • they are living the sponsor in the UK, to obtain the required level of care in the country where
  • Evidence of adequate maintenance, accommodation and care in the UK
• Exceptional circumstances and ECHR Article 8......................................................
  • Exceptional circumstances
  • Definition
• Grant of entry clearance

About this guidance

This guidance tells decision makers how to decide adult dependent relative applications for entry clearance, or for limited or indefinite leave to remain where the applicant is already in the UK.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Family Policy team. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 3.
• published for Home Office staff on 24 January 2022

Changes from last version of this guidance

This guidance has been updated to remove references to CID. Related content Contents

Introduction

The purpose of this route is to allow an adult dependent relative (ADR) 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) to settle here, 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 here and without recourse to public funds. The policy intention behind the ADR Rules is, firstly, to reduce the burden on the taxpayer for the provision of NHS and local authority social care services to ADRs whose needs can reasonably and adequately be met in their home country. Secondly, it is to ensure that those ADRs whose needs can only be reasonably and adequately met in the UK are granted immediate settled status (where their sponsor has this or is a British citizen) and full access to the NHS and local authority social care services. This is intended to avoid creating a disparity between ADRs depending on their wealth and that of their sponsor, and to give those ADRs who qualify certainty about their long-term status in the UK. For those ADRs whose sponsor is not yet settled or a British citizen (and who instead has limited leave to remain as a refugee, person with humanitarian protection or under Appendix EU, in accordance with paragraph GEN.1.3.(d)) the ADR may be granted limited leave in line with their sponsor and once their sponsor has made an application for ILR the ADR is also able to apply in line. This route can only be entered by an applicant outside the UK: a person cannot switch into this route in the UK. In particular:
• 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 (ECO) 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

Grounds for refusal

This section applies to entry clearance and leave to remain applications.

Applications under Appendix FM

Applicants applying as an ADR under Appendix FM of the Immigration Rules are not subject to the grounds for refusal, except in the limited categories set out in paragraph 9.1.1. of Part 9 of the Immigration Rules. The relevant provisions are set out in paragraph 9.1.1.(a). Guidance on considering the grounds for refusal can be found here:

Grounds for refusal

• Grounds for refusal (external link) Related content Contents

Suitability requirements

This section tells you about the suitability requirements of the ADR rules. It applies to entry clearance and leave to remain applications.

Suitability

In considering all applications on the basis of a person’s family life as an ADR, you must consider whether the suitability requirements under paragraphs S-EC.1.1. to S- EC. 3. 2. or S-ILR.1.1. to S-ILR.4.5. of Appendix FM to the Immigration Rules are met. Under paragraphs S-EC.1.1. or S-ILR.1.1., an applicant will be refused entry clearance or indefinite leave to remain on the grounds of suitability if any of the paragraphs S-EC.1.2. to S-EC.1.9 or S-ILR.1.2. to S-ILR.1. 10. apply. Under paragraphs S-EC.2.1. or S-ILR.2.1., an applicant will normally be refused entry clearance or indefinite leave to remain on the grounds of suitability if any of the paragraphs S-EC.2.2. to S-EC.2.5. or S-ILR.2.2. to S-ILR.2. 4. apply. When considering whether the presence of an applicant in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored. An applicant may be refused entry clearance or indefinite leave on the grounds of suitability if any of the paragraphs S-EC.3.1. to S-EC.3.2. or S-ILR.4.2. to S-LTR.4.5. apply.

Addressing suitability

In considering the suitability criteria under paragraphs S-EC.1.2. to S-EC.1.5. and S- ILR.1.2. to S-ILR.1. 8. of Appendix FM, you must refer to the Criminality guidance:

• Criminality guidance in ECHR cases (internal)
• Criminality guidance in ECHR cases (external) In considering the suitability criteria under paragraph paragraphs S-EC.1.6. to S- EC.1.8., S-EC.2.2. to S-EC.2.5. and S-EC.3.1. to S-EC.3.2. and S-ILR.1. 10. of Appendix FM, you must refer to the Restricted leave guidance:
• Restricted leave guidance (internal)
• Restricted leave guidance (external) In considering the suitability criteria under paragraphs S-ILR.1. 9 ., S-ILR.2.2., S- ILR.2.4., S-ILR.3.1. and S-ILR.4.2. to S-ILR.4.5. of Appendix FM, you must refer to the Grounds for refusal guidance:
• Grounds for refusal guidance (internal)
• Grounds for refusal guidance (external)

Entry clearance

This section tells you about applications made outside the UK for entry clearance as an adult dependent relative.

Entry clearance as an adult dependent relative

Section EC-DR.1.1 sets out all of the requirements that are to be met for an applicant to be granted entry clearance as an adult dependent relative.

Eligibility for entry clearance as an adult dependent

relative

To be eligible for entry clearance as an adult dependent relative an applicant must meet all of the requirements set out in paragraphs E-ECDR.2.1 to 3.2.

Relationship requirements

When considering the relationship requirements you must be satisfied that the applicant meets all of the requirements set out in paragraphs E-ECDR.2.1. to 2.5. If the applicant is the sponsor’s parent or grandparent you should check that they are not in a subsisting relationship with a partner unless that partner is also the sponsor’s parent or grandparent and is applying for entry clearance at the same time as the applicant. The relationship requirements state that, at the date of the application, the sponsor must be 18 years or over as well as either a British citizen in the UK, present and settled in the UK, in the UK with refugee leave or humanitarian protection or be a person in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3.(d). The requirements also set out a minimum level of care that an applicant requires from their sponsoring relatives. The applicant, or if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, 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. This would be applicable where the sponsor’s parents or grandparents do not have access to the required care and there is no person in the country where they are living who can reasonably provide it or it is not affordable.

Financial requirements

To meet the financial requirements set out at E-ECDR.3.1. to 3.2., the applicant must be able to provide evidence to prove they can be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds.

The evidence to be provided in order to meet the financial requirement is set out in Appendix FM-SE. For further guidance see: Appendix FM 1.7: financial requirement If the applicant’s sponsor is a British citizen or settled in the UK, the applicant must provide an undertaking signed by the sponsor confirming that the applicant will have no recourse to public funds. The sponsor will be responsible for their maintenance, accommodation and care, for a period of 5 years from the date the applicant enters the UK if they are granted indefinite leave to enter. If the applicant’s sponsor is a person in the UK with refugee leave or humanitarian protection or with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d), this undertaking will be required later, when the applicant applies for indefinite leave to remain as an adult dependent relative. See: Indefinite Leave to Remain Related content Contents

be a close family member: son, daughter, brother, sister, parent, grandchild, grandparent, a wider family member, friend or neighbour, or another person who can reasonably provide the care required, for example a home-help, housekeeper, nurse, carer or care or nursing home. If an applicant has more than one close family member in the country where they are living, those family members may be able to pool resources to provide the required care. The concept of whether another person can “reasonably” provide care may require consideration of such matters as the location of that person, their own circumstances and other commitments, and their willingness to provide such care. The fact that a person or organisation has been providing care for a period may suggest that they can continue to do so, however, if evidence is provided as to the temporary nature of such care, or as to a change in circumstances, this must be carefully considered. The provision of the care in the applicant’s home country must be reasonable both from the perspective of the provider of the care and the perspective of the applicant. The ECO should bear in mind any relevant cultural factors, such as in countries where women are unlikely to be able to provide support in some circumstances.

Adequately maintained, accommodated and cared for

The accommodation in which the applicant will live in the UK must be owned, or occupied exclusively, by the sponsor. The addition of the applicant to the accommodation must not contravene the UK statutory regulations on overcrowding or on public health. The ECO must be satisfied that adequate maintenance and the required level of care can and will be met by the sponsor in the UK without recourse to public funds. Maintenance may be provided by the sponsor or by any combination of the funds available to the sponsor and the applicant. Promises of third party support will not be accepted as these are vulnerable to a change in another person’s circumstances or in the sponsor’s or the applicant’s relationship with them. Cash savings which have originated from a gift (not a loan) from a third party can count towards the required maintenance, but those cash savings must be in an account in the name of the sponsor or the applicant and under their control. These requirements also apply to applicants when applying at the indefinite leave to remain stage. Otherwise, maintenance and accommodation should be assessed using the entry clearance guidance on maintenance and accommodation.

Example scenarios

The following are examples, but each case must be considered on its merits in the light of all the circumstances:

• A person (aged 25) has a learning disability that means he cannot feed, wash or dress himself. His parents (with whom he lived) have recently died in an accident and his only surviving close relative is a brother in the UK who has been sending money to the family for some time. The person has been cared for temporarily by family friends since his parents’ death, but they are no longer able to do this. The sponsor is unable to meet the costs of full-time residential care, but he and his family have sufficient financial and other means to care for the applicant in their home. This could meet the criteria if the applicant can demonstrate that they are 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 not available and there is no person in that country who can reasonably provide it or it is not affordable (and other relevant criteria are met).
• A person (aged 30) has lived alone in Sri Lanka for many years. His parents are settled in the UK; other siblings live in the UK and USA. The person has recently 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. The mother has been visiting Sri Lanka to care for her son but needs to return to the UK to care for her younger children. This could meet the criteria if the applicant can demonstrate that they are 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 not available and there is no person in that country who can reasonably provide it or it is not affordable and other relevant criteria are met.
• A person (aged 70) lives alone in India. Her daughter lives in the UK; her son and his family live in the UAE. The daughter sends her mother money to pay for someone to do her cleaning, but is concerned that her mother is becoming increasingly frail and forgetful. This would not meet the criteria as the applicant is able to perform everyday tasks and/or has help available with these tasks.
• A person (aged 26) entered the UK as a visitor. His parents and younger siblings are settled in the UK. The applicant lived in Canada to complete his higher education. He has diabetes which is managed by medication. This would not meet the criteria as the applicant is able to perform everyday tasks. Also he cannot apply from within the UK.
• A person (aged 85) lives alone in Afghanistan. With the onset of age he has developed very poor eyesight, which means that he has had a series of falls, one of which resulted in a hip replacement. His only son lives in the UK and sends money to enable his father to pay for a carer to visit each day to help him wash and dress, and to cook meals for him. This would not meet the criteria because the sponsor is able to arrange the required level of care in Afghanistan.
• A person (aged 45) lives in China and was widowed 5 years ago. They are disabled and cannot perform everyday tasks for themselves. Their son lives in the UK. The person lives with their new husband in China. The son wants his mother to come and live with him in the UK. This would not meet the criteria

Evidence in support of the application

This section sets out what the Entry Clearance Officer (ECO) should expect to see as part of an application as an adult dependant relative.

Evidence of the family relationship

Evidence of the relationship between the applicant and the sponsor will need to be provided. This should be in the form of birth or adoption certificates, or other evidence. The ECO will need to assess whether other evidence is needed.

Evidence that, as a result of age, illness or disability, the

applicant requires long-term personal care

Medical evidence that the applicant’s physical or mental condition means that they require long-term personal care because they cannot perform everyday tasks, for example washing, dressing and cooking. This must be from a doctor or other health professional. Under paragraphs 36 to 39 of the Immigration Rules, the ECO has the power to refer the applicant for medical examination and to require that this be undertaken by a doctor or other health professional on a list approved by the British Embassy or High Commission.

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

Evidence that the required level of care:

• is not, or is no longer, available in the country where the applicant is living - this evidence should be from a central or local health authority, a local authority, or a doctor or other health professional in the country in question - if the required care has been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available
• is not, or is no longer, affordable in the country where the applicant lives - if payment is currently being made for care, or was made previously, the ECO should ask to see records of such payments and an explanation of why this payment cannot continue - if financial support has been provided by the sponsor or other close family in the UK, the ECO should ask for an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided

Evidence of adequate maintenance, accommodation and

care in the UK

Where the sponsor is a British citizen or settled in the UK, the applicant must provide a signed undertaking from the sponsor confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for the applicant’s maintenance, accommodation and care, for a period of 5 years from the date the applicant enters the UK if they are granted indefinite leave to enter. In addition, in all cases the applicant must provide evidence from the sponsor that the sponsor can provide the maintenance, accommodation and care required, in the form of any or all of the following:

• original bank statements covering the last 6 months
• other evidence of income – such as pay slips, income from savings, shares, bonds – covering the last 6 months
• relevant information on outgoings, for example Council Tax, utilities, and on support for anyone else who is dependent on the sponsor
• a copy of a mortgage or tenancy agreement showing ownership or occupancy of a property
• planned care arrangements for the applicant in the UK (which can involve other family members in the UK) and the cost of these (which must be met by the sponsor, without undertakings of third party support) Related content Contents

Definition

“Exceptional circumstances” means circumstances which would render refusal of the application a breach of Article 8, because it would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member whose Article 8 rights it is evident from the application would be affected. “Exceptional” does not mean “unusual” or “unique”. Whilst all cases are to some extent unique, those unique factors do not generally render them exceptional. For example, a case is not exceptional just because the criteria set out in the Immigration Rules have been missed by a small margin. Instead, “exceptional” means circumstances in which refusal of the application would result in unjustifiably harsh consequences for the individual or their family such that refusal would not be proportionate under Article 8. “Unjustifiably harsh consequences” are ones which involve a harsh outcome or outcomes for the applicant or their family which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others. This involves consideration of whether refusal would be proportionate, taking into account all the facts of the case and, as a primary consideration, the best interests of any relevant child. The case-law makes clear that where the applicant does not meet the requirements of the rules, and has established their family life in “precarious” circumstances (for example when they have limited leave to enter or remain in the UK), something “very compelling” is required to outweigh the public interest in refusal. Likewise, where family life is formed or exists with a person outside the UK who has no right to enter the UK and does not meet the requirements of the rules for entry clearance, Article 8 does not require that they be granted entry, in the absence of such exceptional circumstances. For further guidance on children’s best interests, see the Family life (as a partner or parent), private life and exceptional circumstances guidance. Related content Contents

Grant of entry clearance

This section tells you about the leave to be issued to an applicant who meets the requirements of the Rules as an adult dependent relative (ADR).

Adult dependent relative of a British citizen or a person

present and settled in the UK

If the requirements of the ADR Rules are met (and whether or not there are exceptional circumstances as described under paragraph GEN.3.2. of Appendix FM) and the applicant’s sponsor is a British citizen in the UK or a person present and settled in the UK, the applicant will be granted indefinite leave to enter (ILE).

Adult dependent relative of a person in the UK with refugee

leave, humanitarian protection or limited leave under

Appendix EU, in accordance with paragraph GEN 1.3(d)

If the requirements of the ADR Rules are met (and whether or not there are exceptional circumstances as described under paragraph GEN.3.2. of Appendix FM) the application will be granted. If the applicant’s sponsor is a person in the UK with limited leave as a refugee, a person with humanitarian protection or person in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3(d), the applicant will be granted entry clearance as an ADR of a duration which will expire at the same time as the sponsor’s limited leave, and subject to a condition of no recourse to public funds. Related content Contents