Immigration Rules Appendix Adult Dependent Relative
The Adult Dependent Relative route is for a person aged 18 or over who is sponsored by a relative in the UK (who must be a British Citizen, settled in the UK, have protection status or be a specified EEA national who has permission under Appendix EU) and where the sponsor is able to maintain, accommodate and care for the applicant without reliance on public funds.
The applicant must require long-term personal care to perform everyday tasks due to age, illness or disability and that care must be either not available or not affordable in the country where the applicant is living.
The applicant must apply for and obtain entry clearance as an Adult Dependent Relative before their arrival in the UK.
The partner of an Adult Dependent Relative may also apply for entry clearance as an Adult Dependent Relative if they are the partner of either the parent or grandparent of the sponsor who is applying at the same time.
Where a couple, who are both the parents or grandparents of the sponsor, are applying as Adult Dependent Relatives only one of them needs to require long-term personal care.
An Adult Dependent Relative is granted settlement if their sponsor is settled in the UK or is a British Citizen. In other cases, the Adult Dependent Relative is granted temporary permission which expires on the same date as their sponsor鈥檚 temporary permission and once in the UK they can apply for settlement or further permission to stay in line with their sponsor鈥檚 permission.
There is a separate route for an Adult Dependent Relative of a BN(O) Status Holder under Appendix Hong Kong British National (Overseas).
- ADR 1.1. A person applying for entry clearance or permission to stay as an Adult Dependent Relative must apply online on the gov.uk website on the specified form as follows:
- (a) for applicants outside the UK, form 鈥淛oin or accompany a family member鈥�; or
- (b) for applicants in the UK, form 鈥淔urther leave to remain 鈥� Human Rights.
- ADR 1.2. An application for entry clearance or permission to stay as an Adult Dependent Relative must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid (unless the applicant has been granted a fee waiver in whole or part); and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality; and
- (d) the applicant and their sponsor must both be aged 18 or over at the date of application.
ADR 1.3. If applying for permission to stay, the applicant must be in the UK on the date of application.
ADR 1.3A. If applying for permission to stay, the applicant must have, or have last been granted, entry clearance or permission to stay as an Adult Dependent Relative.
ADR 1.4. An application which does not meet all the validity requirements for the Adult Dependent Relative route may be rejected as invalid and not considered.
- ADR 2.1. The applicant must not fall for refusal under the suitability grounds set out in:
- (a) S-EC.1.2 to S-EC.1.8. and S-EC 2.2 to S-EC 3.2. of Appendix FM if applying for entry clearance; or
- (b) S-LTR.1.2. to S-LTR. 2.1 and S-LTR.3.1 to S-LTR.4.5. of Appendix FM if applying for permission to stay.
- ADR 2.2. If applying for permission to stay, the applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
Entry requirements for an Adult Dependent Relative
ADR 3.1. A person seeking to come to the UK as an Adult Dependent Relative must apply for and obtain entry clearance as an Adult Dependent Relative before they arrive in the UK.
ADR 3.2. A person applying for entry clearance as an Adult Dependent Relative must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Relationship requirements for an Adult Dependent Relative
- ADR 4.1. An applicant applying for entry clearance or permission to stay as an Adult Dependent Relative must be one of the following:
- (a) the parent; or
- (b) the grandparent; or
- (c) the son or daughter; or
- (d) the brother or sister,
- of a person in the UK (鈥渢he sponsor鈥�).
- ADR 4.2. The sponsor of the applicant must be one of the following:
- (a) a British Citizen; or
- (b) settled in the UK; or
- (c) in the UK with protection status; or
- (d) an EEA national with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of that Appendix.
ADR 4.3. Where the applicant is applying for permission to stay, the sponsor must be the same person who sponsored the applicant when they were last granted entry clearance or permission as an Adult Dependent Relative.
Dependency requirements for an Adult Dependent Relative
ADR 5.1. The applicant, or if the applicant is applying as a parent or grandparent, the applicant鈥檚 partner, must as a result of age, illness or disability require long term personal care to perform everyday tasks.
- ADR 5.2. Where the application is for entry clearance, the applicant, or if the applicant is applying as a parent or grandparent, the applicant鈥檚 partner, must be unable to obtain the required level of care in the country where they are living, even with the financial help of the sponsor because either:
- (a) the care is not available and there is no person in that country who can reasonably provide it: or
- (b) the care is not affordable.
- ADR 5.3. DELETED
Partner requirement on the Adult Dependent Relative route
ADR 5.3A.1. If the applicant is the sponsor鈥檚 parent or grandparent they must not be in a subsisting relationship with a partner, unless that partner is applying for entry clearance or permission to stay as an Adult Dependent Relative at the same time.
Financial requirement for an Adult Dependent Relative
ADR 6.1. The sponsor must be able to provide adequate maintenance, accommodation and care for the applicant in the UK without access to public funds.
- ADR. 6.2. The sponsor must provide evidence of income or cash savings sufficient to show they can meet the financial requirement and:
- (a) evidence from income (other than self-employment) or savings must cover the 6 month period immediately before the date of application; or
- (b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
ADR 6.3. The income or cash savings must be evidenced as specified in paragraphs 1, 12A and 12B of Appendix FM-SE.
- ADR 6.4. The sponsor must provide a signed maintenance undertaking confirming that the applicant will not have access to public funds, and that the sponsor will be responsible for the maintenance, accommodation and care of the applicant for either:
- (a) a period of 5 years from the date the applicant arrives in the UK if the applicant is to be granted settlement; or
- (b) the duration of the period of permission to be granted if the applicant is being granted temporary permission to stay.
ADR 6.5. If the applicant receives public funds during the period covered by the maintenance undertaking (see ADR 6.4.) the UK Government may seek to recover the public funds from the sponsor who gave the undertaking.
ADR 7.1. If the applicant does not meet all the suitability requirements (subject to ADR 7.2) or does not meet all of the eligibility requirements in ADR 3.1. to ADR 6.4., but the decision maker is satisfied that refusal of the application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their family, the applicant will meet the Article 8 ECHR eligibility requirement.
ADR 7.2. Where ADR 7.1. applies and the applicant falls for refusal on suitability grounds under S-EC.1.2 to S-EC.1.5, or S-LTR.1.2 to S-LTR.1.6. of Appendix FM of these rules the application as an Adult Dependent Relative must be refused.
ADR 8.1. If the decision maker is satisfied that all the suitability and the relevant eligibility requirements are met, unless paragraph ADR 7.2. applies, the application will be granted as an Adult Dependent Relative; otherwise, the application will be refused.
ADR 9.1. An applicant applying for entry clearance will, if the sponsor is a British Citizen or settled in the UK, be granted settlement.
ADR 9.2. An applicant applying for entry clearance or permission to stay where an applicant鈥檚 sponsor has temporary permission to stay in the UK will be granted temporary permission which expires on the same date as their sponsor鈥檚 temporary permission.
ADR 9.3 Where an applicant is applying for permission to stay and, their sponsor is a British Citizen or settled in the UK, the applicant will be granted permission for 30 months.
- ADR 9.4. If the applicant is granted temporary permission, it will be subject to the following conditions:
- (a) no access to public funds; and
- (b) work permitted (including self-employment and voluntary work); and
- (c) study permitted, subject to the ATAS condition in Appendix ATAS.
Validity requirements for settlement as an Adult Dependent Relative for those with permission to stay as an Adult Dependent Relative
ADR 10.1. A person in the UK applying for settlement as an Adult Dependent Relative must apply online on the gov.uk website on the specified form 鈥淪ettle in the UK in various immigration categories: form SET(O)鈥�.
ADR 10.2. The applicant must be in the UK on the date of application.
ADR 10.2A. The applicant must have, or have previously been granted, permission as an Adult Dependent Relative.
- ADR 10.3. An application for settlement as an Adult Dependent Relative must meet all the following requirements:
- (a) any fee must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
ADR 10.4. An application which does not meet all the validity requirements for settlement as an Adult Dependent Relative may be rejected as invalid and not considered.
Suitability requirements for settlement as an Adult Dependent Relative for those with permission to stay as an Adult Dependent Relative
- ADR 11.1. The applicant must not fall for refusal under:
- (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
- (i) S-ILR.1.2, S-ILR.1.6 to S-ILR.1.10, S-ILR.3.1; or
- (ii) S-ILR.2.2, S-ILR.4.2 to S-ILR.4.5 (subject to ADR. 11.5); or
- (b) paragraph 9.6.1. of Part 9 of these rules (subject to ADR 11.5).
- (a) the suitability grounds for refusal for indefinite leave to remain applications under Appendix FM paragraphs:
- ADR 11.2. The applicant must not be:
- (a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
- (b) on immigration bail.
ADR 11.3. The applicant must not have been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more.
ADR 11.4. The applicant must not have been convicted of an offence in the UK or overseas for which they have been sentenced to imprisonment for less than 12 months, unless the applicant has completed a qualifying period of 10 years with permission and the applicant has spent at least 5 years with such permission since the end of their sentence.
- ADR 11.5. Where any of the following have occurred, the applicant must be refused settlement unless the applicant has completed a continuous qualifying period of 10 years with permission, and has completed 5 years continuous residence with such permission after the date of the first grant of permission after the suitability ground came to the attention of the decision maker:
- (a) involvement in a sham marriage or civil partnership (grounds for refusal under 9.6.1 of Part 9); or
- (b) use of false documents or information or deception (S-ILR.2.2 and S-ILR.4.2 and S-ILR.4.3. of Appendix FM); or
- (c) litigation debt owed to the Home Office, unless the debt has been paid (S-ILR.4.4 of Appendix FM); or
- (d) debt to the NHS, unless the debt has been paid, or the total value of outstanding charges is under 拢500 (S-ILR.4.5. of Appendix FM); or
- (e) the applicant has breached the conditions of their permission.
Eligibility requirements for settlement as an Adult Dependent Relative for those with permission to stay as an Adult Dependent Relative
Sponsorship requirement for settlement as an Adult Dependent Relative for those with permission to stay as an Adult Dependent Relative
- ADR 12.1. The applicant鈥檚 sponsor must be the same sponsor as when the applicant was last granted permission as an Adult Dependent Relative. The sponsor must be in the UK and must be one of the following:
- (a) a British Citizen; or
- (b) settled; or
- (c) have protection status and have, at the same time as the applicant, applied for settlement which is granted; or
- (d) an EEA national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU to these rules on the basis of meeting condition 1 in paragraph EU14 of that Appendix and have, at the same time as the applicant, applied for settlement which is granted.
Financial requirement for settlement as an Adult Dependent Relative for those with permission to stay as an Adult Dependent Relative
ADR 13.1. The sponsor must be able to provide adequate maintenance, accommodation and care for the applicant in the UK without reliance on public funds.
- ADR 13.2. The sponsor must provide evidence of income or cash savings sufficient to show they can meet the financial requirement and:
- (a) evidence of income (other than self-employment) or savings must cover the 6 month period immediately before the date of application; or
- (b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
ADR 13.3. The income or cash savings must be evidenced as specified in paragraphs 1, 12A and 12B of Appendix FM-SE.
ADR 13.4. The sponsor must provide a signed maintenance undertaking confirming that the applicant will not have access to public funds, and that the sponsor will be responsible for the maintenance, accommodation and care of the applicant for a period of 5 years from the date of grant under ADR 14.1. or the duration of the period of permission to be granted under ADR 14.4.
ADR 13.5. If the applicant receives public funds during the periods set out in ADR 13.4., the UK Government may seek to recover public funds from the sponsor who gave the undertaking.
Decision on an application for settlement as an Adult Dependent Relative for those with permission to stay as an Adult Dependent Relative
ADR 14.1. If the decision maker is satisfied that all the suitability and eligibility requirements for settlement as an Adult Dependent Relative are met, the applicant will be granted settlement.
- ADR 14.2. If the requirements for settlement are not met, but the decision maker believes the applicant is likely to meet all the suitability and eligibility requirements for permission to stay as an Adult Dependent Relative, the application will be varied by the Secretary of State to an application for temporary permission to stay as an Adult Dependent Relative, and where this happens:
- (a) no additional application fee for the application for permission to stay will be required and the settlement application fee will not be refunded; and
- (b) the Secretary of State will write to the applicant informing them of this variation and will request the applicant pay the required Immigration Health Charge.
ADR 14.3. If the applicant does not pay the requested Immigration Health Charge, the application for permission to stay will be rejected as invalid and the applicant will not be refunded the fee paid for the settlement application.
ADR 14.4. Where an application is varied and the applicant meets the requirements for permission to stay the applicant will be granted permission to stay which expires on the same date as their sponsor鈥檚 permission, or, if the sponsor is a British Citizen or settled in the UK, the applicant will be granted permission for 30 months.
- ADR 14.5. If the applicant is granted permission to stay, it will be subject to the following conditions:
- (a) no access to public funds; and
- (b) work allowed (including self-employment and voluntary work); and
- (c) study allowed subject to the ATAS requirement in Appendix ATAS.
ADR 14.6. If the decision maker is not satisfied that the applicant meets all the suitability and relevant eligibility requirements for settlement or permission to stay the application for settlement will be refused.