… Immigration Rules for Adult Dependent Relatives:
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Adult Dependent Relatives

Listed below is a summary of the new immigration rules for adult dependent relatives, which came into effect on the 09 July 2012.

The new rules are more complex, and they do not have the flexibility of the old rules. It is extremely important for applicants to ensure that they fully meet the detailed criteria, and for applications to be carefully prepared.

We can assist you in the following ways:-

  • General advice and guidance. A one-hour consultation will normally be sufficient for us to fully advise you on your case and to explain your option(s). You will also receive a letter from us, summarising what was discussed during the consultation.
  • Application checking service. If you have completed your application form and gathered your supporting documents, we will check that everything is in order. Getting things right first time is important; the UK Border Agency can take up to several weeks, or even months, to consider an application.
  • Full legal representation; for applications and appeals. 

 

 

 

The new immigration rules for Adult Dependent Relatives, with effect from 09 July 2012

Applying

With effect from the 09 July 2012 it is no longer possible for an applicant to ‘switch’ into the adult dependent relative category from inside the UK. Entry clearance is mandatory.

The UK Border Agency has published detailed guidance on how the requirements of the new rules must be met; for example what documentary evidence must be submitted. An applicant must ensure that they can comply with the guidance, otherwise the application will normally be refused.

Relationship requirements

Eligible applicants must be the UK sponsor's:

  • parent aged 18 years or over, or
  • grandparent, or
  • brother or sister aged 18 years or over, or
  • son or daughter aged 18 years or over

The applicant must, as a result of age, illness or disability, require long-term personal care: that is help performing everyday tasks, e.g. 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.

Financial & Accommodation Requirements

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 (any additional) 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.

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. 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.

Settlement

A successful application will result in a grant of immediate settlement (indefinite leave to enter) if the sponsor is a British citizen or is settled in the UK.

 

 

 

 

 

Direct Immigration Solutions | Norwich | Norfolk | NR2 1EU | East Anglia | UK | tel: 01603 666661 | web: www.immigrationlegalhelp.co.uk

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