Changes to UK Immigration Rules for Adult Dependents
There are changes to the UK immigration rules for adult dependents with the introduction of the Appendix Adult Dependent Relative to the immigration rules.
In this article, our immigration solicitors report on the 9 March 2023 Statement of Changes to the Immigration Rules HC1160 and assess how adult dependent claims will be affected.
UK Online and London-Based Immigration Solicitors
For advice on adult dependent immigration applications call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
A new Appendix in the immigration rules for adult dependent applications
Head of the individual immigration department and specialist immigration lawyer Maryem Ahmed warns that no one should get too excited by the new Appendix for adult dependent immigration claims. That’s because whilst the rules on adult dependents are now contained in one handy Appendix the Home Office hasn’t taken the opportunity to make substantive changes. For some immigration solicitors that is viewed as a lost opportunity but at least the new Appendix provides a degree of simplification.
Dependency eligibility criteria
In the new Appendix, the adult dependent eligibility criteria are restated as:
- The visa applicant must require long-term personal care to perform everyday tasks as a result of the applicant’s age, illness, or disability
- If the adult dependent visa applicant is applying from outside the UK, they must be unable to obtain their required level of care in the country where they are living, even with the financial help of the sponsor, because either the adult dependent care is not available and no person in that country can reasonably provide it or the care is not affordable
- If the visa applicant is the sponsor’s parent or grandparent, the visa applicant must not be in a subsisting relationship with a partner, unless their partner is also the sponsor’s parent or grandparent and is applying for entry clearance or permission to stay at the same time as the adult dependent visa applicant
- The sponsor must be able to provide adequate maintenance, accommodation, and care for the adult-dependent visa applicant in the UK without the applicant accessing public funds. The sponsor must provide evidence of income or cash savings to show they can meet the financial requirement
- The visa applicant’s sponsor must give a signed maintenance undertaking to confirm the visa applicant won't have access to public funds and that the sponsor will be responsible for the applicant’s maintenance, accommodation, and care of the visa applicant during a temporary stay or for a period of 5 years from the date the applicant comes to the UK if the applicant is seeking UK settlement. (Immigration solicitors warn that if the applicant does receive public funds whilst the maintenance undertaking is in force the government can try to recover the public funds from the applicant’s sponsor)
Sponsors of adult dependent visa applicants and the financial requirement
The financial requirement eligibility criteria involve looking at the new adult dependent Appendix as well as the Appendix FM.
Immigration solicitor Dhaya T Kathiravan has looked at both appendixes to provide comprehensive and clear immigration law advice to adult dependent applicants and their UK sponsors. She says the detailed rules mean that for the sponsor to be able to show they can provide adequate maintenance, accommodation, and care for the adult-dependent applicant in the UK without resorting to accessing public funds, the sponsor needs to provide evidence of income or cash savings to establish that they can meet the financial requirement. Evidence from income (other than self-employment) or savings must cover the 6 months immediately before the date of the visa application.
Special rules apply if the sponsor is receiving maternity, paternity, adoption, or sick pay. The immigration rules say the sponsor’s income from salaried employment can be shown for either the 6 months immediately before the date of the visa application or the start date of the maternity, paternity, adoption or sick leave. Where the sponsor is self-employed, the income must be shown for the last full financial year before the date of the visa application, with additional evidence of ongoing employment as detailed in the Appendixes.
There are also detailed and specific rules for where the sponsor has sold property and the money received has been converted into cash savings and the evidential requirements if the sponsor holds cash savings.
The financial requirement rules remain complicated, especially where the sponsor is self-employed or is relying on savings to meet the adult dependent visa financial requirement. That’s why it is best to take specialist legal advice from an immigration solicitor rather than risk a visa refusal.
Adult dependent visa applicants and the accommodation requirement
Immigration solicitors receive a lot of inquiries about what the accommodation requirement means for adult dependents visa applicants and their sponsors. The immigration rules say that maintenance and accommodation have to be adequate. The test isn’t completely subjective as the rules say that, after income tax, national insurance contributions, and housing costs (such as mortgage or rent) have been deducted, the sponsor and their family must have at least the level of income of a family in receipt of state benefits.
Establishing and proving the accommodation requirement can catch out some sponsors so that’s an added reason why immigration lawyers recommend specialist legal advice is taken before you submit an adult-dependent visa application.
Exceptional circumstances
There are some family situations where a sponsor and their family won’t meet the financial requirement or the accommodation requirement. The new Appendix still allows for a ‘get out clause’ if the adult dependent visa applicant or their family would suffer unjustifiably harsh consequences if the visa is refused.
If you think you will struggle to meet the eligibility criteria for an adult-dependent visa application it is best to have a discussion with your immigration solicitor about whether personal or other circumstances would justify arguing that a Home Office official should exercise discretion.
If you need help with an adult-dependent visa application then our specialist immigration law team can help you and your family.
UK Online and London-Based Immigration Solicitors
For advice on adult dependent immigration applications call the immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
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