We are delighted to announce that our Legal 500 recommended Immigration Law team has recently secured a rare victory in an in-country Adult Dependant Relative appeal. immigration appeal solicitors will recognise this as a significant achievement against a background of the ‘rigorous and demanding’ requirements of the Adult Dependant Relative scheme set out in the Immigration Rules.
The success of Vishal Makol, In-House OTS Advocate and Senior Solicitor, and Maryem Ahmed, Senior immigration Solicitor cannot be under-estimated: the wording of the Immigration Rules results in many applicants hoping to come to the UK as adult dependant relatives falling into a ‘catch 22’ situation. Where permission is granted, or an appeal allowed, immigration appeal solicitors will be aware that this is usually on Article 8/human rights grounds – and not on the basis of the interpretation of the Immigration Rules themselves.
The ‘Catch 22’ of the Adult Dependant Relative scheme
The problem with the Adult Dependant Relative scheme within the UK Immigration Rules is that the applicant must show that he or she needs long term care to do everyday personal and household tasks; and that care is not available or affordable in the country where they are living. There is then a requirement that the adult dependant relative is sponsored by someone who can support, accommodate and care for the applicant without claiming public funds for at least five years. Even if the individual can overcome the first hurdle, the majority then fall at the second hurdle because the sponsor who can afford to support the adult dependant relative in the UK for 5 years will almost undoubtedly be able to pay for that care in the home country.
Court of Appeal upholds the Adult Dependant Relative scheme
Despite legal challenges, most recently in the case of Ribeli v Entry Clearance Office (Pretoria) it seems that the restrictive provisions of the Adult Dependant Relative scheme are here to stay – and with it, a source of anxiety for many who have come to the UK leaving behind elderly parents or other relatives likely to need ongoing care and support.
In these circumstances, our success is certainly something to shout about!
OTS Solicitors are Legal 500 recommended immigration and human rights solicitors in London, with a strong track record of achieving success for clients in all aspects of Immigration Law. Whether you are seeking to sponsor your relative to come to the UK under the Adult Dependant Relative scheme, or have questions about another UK visa route, do not hesitate to get in touch on 0203 959 9123 to book an appointment with one of our top London immigration solicitors.
For the best expert legal advice and outcome on your UK immigration application, contact OTS immigration solicitors on 0203 959 9123 or contact us online.
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Posted on: Monday, 30 July, 2018