Adult Dependant Visas Flashcards
(41 cards)
What is an Adult Dependent Relative visa?
A visa for an adult over 18 who is a parent, grandparent, child, or sibling of a UK sponsor, requiring long-term personal care due to age, illness, or disability.
Who can be a sponsor for an Adult Dependent Relative visa?
A British citizen, a settled person, or an EEA national with pre-settled status. They must be a parent, grandchild, brother, sister, son or daughter who is living permanently in the UK.
What does the dependency requirement involve?
The applicant must require long-term personal care for everyday tasks and be unable to obtain care in their current country, even with financial support from the sponsor.
What are the two limbs of dependency in the Adult Dependent Relative rules?
- Applicant requires long-term personal care due to age, illness, or disability. 2. The care is unavailable or unaffordable in the country of residence.
What types of evidence are crucial for a successful Adult Dependent Relative visa application?
Independent medical evidence, detailed reports from doctors, and expert assessments showing the necessity of personal care from the sponsor.
What financial requirements must the sponsor meet for an Adult Dependent Relative visa?
The sponsor must demonstrate adequate maintenance, accommodation, and care for the applicant without recourse to public funds.
Adequate maintenance meaning that after income tax and housing costs they would have an income equivalent to someone in receipt of Income Support.
What is the maintenance undertaking in the visa application?
The sponsor must confirm responsibility for the applicant’s maintenance, accommodation, and care for 5 years from the date of arrival in the UK.
Why is framing the dependency argument important in these visa applications?
It helps define the case path and focuses on proving that only the sponsor can reasonably provide the required level of care.
What is Article 8 in relation to Adult Dependent Relative visa applications?
It is a provision in the European Convention on Human Rights that must be considered to avoid unjustifiably harsh consequences for the applicant.
Protects the right to respect for private and family life
What happens if the Adult Dependent Relative visa application is successful?
The applicant receives indefinite leave to enter if the sponsor is British or settled in the UK, or temporary permission aligned with the sponsor if they have temporary status.
What is meant by ‘long-term personal care’ in the context of the visa?
Care that is required beyond a temporary period, including assistance with everyday tasks like washing, dressing, cooking, and companionship.
Why is independent medical evidence critical for this visa application?
It helps demonstrate the applicant’s physical or mental condition and the necessity for long-term personal care, which cannot be self-asserted by the applicant or sponsor.
What is the significance of proving the unavailability of care in the applicant’s country?
It is crucial to show that appropriate care is either unavailable or unaffordable even with the sponsor’s financial help.
How can emotional and psychological needs impact a dependency argument?
These needs can be used to argue that only a family member can provide the necessary care, especially when physical needs alone do not suffice.
What role does a medical professional’s report play in the application?
It provides an objective and independent assessment of the applicant’s care needs, which is necessary to support the visa claim.
Why is it challenging to meet the Adult Dependent Relative visa criteria?
The strict rules and high evidence burden make it difficult to prove the dependency and care needs of the applicant.
What is the role of the Entry Clearance Officer (ECO) in these applications?
The ECO assesses whether the applicant’s care needs can be met in their home country, considering the availability and reasonableness of local care.
How does the sponsor’s financial situation affect the visa application?
The sponsor must prove they can provide adequate maintenance and accommodation for the applicant without recourse to public funds.
What evidence is required to show ‘adequate maintenance’?
Evidence may include income or cash savings over a specified period, as well as proof of accommodation that meets the required standards.
What is the importance of documenting the care arrangements before applying?
Documenting current care arrangements helps to demonstrate why existing options are inadequate and why relocation to the UK is necessary.
What does the term ‘reasonable care’ refer to in this context?
It refers to care that could be realistically provided by family members or local services in the applicant’s home country.
What is a common mistake made in Adult Dependent Relative applications?
Failing to provide comprehensive medical evidence or relying too heavily on statements without independent verification.
What is the financial threshold for proving adequate maintenance?
The sponsor must meet or exceed the level of income or funds that would be available if the family were in receipt of income support.
How can Article 8 support an application?
It can be used to argue that refusing the visa would result in unjustifiably harsh consequences for the applicant and their family.
