Family Unification in the UK: Relocating Parents

The UK government recognises the significance of family connection to many residents. Immigration policy therefore attempts to strike the right balance between the needs of families as well as considering wide societal needs.

Family unification and dependent migration rules have been designed primarily to admit spouses or children, however, adult or elderly dependent relatives may come to the UK under certain restricted circumstances.

Adult Dependent Relative visa

The Adult Dependent Relative (ADR) visa category permits elderly parents or grandparents, as well as other adult dependent relatives of British citizens or those otherwise settled, to apply to join them in the UK. If applicants are successful, they will be granted permanent residence immediately.

Unlike most other immigration categories, the ADR visa does not have a set list of documents, and applications are instead determined by each individual’s circumstances. The requirements are complex, and for this reason, ADR visa applications have one of the highest refusal rates. Home Office data shows that from 2017 – 2020 inclusive, out of the 908 ADR applications made, only 35 were approved at the first attempt. Some were later granted after the difficulty and expense of an appeal.

The dependency test

The onus is on the applicant to evidence their dependency on the sponsoring family member. There are two parts to the definition of dependency:

• The applicant must, because of age, illness or disability, require long-term personal care to perform everyday tasks; and
• The applicant is unable to obtain the required level of care in their country of residence, even with the financial health of the sponsor, because either:
  • the care is not available and there is no person in that country who can reasonably provide it; or
  • the care is not affordable.

Strong medical and financial evidence forms the crux of any ADR application.

A sponsor being able to afford to maintain and accommodate their dependent relative in the UK is a double-edged sword in that they will often find it hard to demonstrate that these funds cannot be used for paid care in the applicant’s country of residence. If the sponsor has the funds to support their dependent relative, and paid care is available, evidence must be submitted that the local care does not meet the required level.

In July 2023, the ADR rules were updated whereby when one parent or grandparent has dependency needs, their partner will now also qualify with them regardless of their own health condition - which marks a positive step forward in this particularly complex area of law.

What if an ADR application is refused?                                                                    

In the event that an application is refused, an appeal can be lodged with the First-tier Tribunal (Immigration and Asylum Chamber) within 28 days from the date the refusal is obtained. There may be grounds to argue exceptional circumstances if it can be evidenced that the refusal causes interference with the right to respect private and family life, as established under the European Convention on Human Rights.

On average, it can take anywhere from a few months to over a year for an appeal process to conclude. The timeline can vary, depending on the availability of the tribunal and the complexity of the matter. The process is costly and can cause significant emotional distress for families during this time.

It is important to seek professional assistance when making an appeal.

Right to sponsor adult dependent relatives under the EU Settlement Scheme

The UK’s departure from the European Union means that family migration rules also now apply to people who previously benefitted from free movement provisions.

The EU Settlement Scheme provides lifetime enhanced rights to dependent parents, grandparents, or great-grandparents of relevant sponsors (those in the UK with pre-settled or settled status) or of their spouse or civil partner.

Applicants must demonstrate their dependency on the relevant sponsor with documentary evidence, however, the requirements are considerably more lenient than those of the ADR route, in that the dependency can be financial, or due to health or social conditions.

What if I can’t evidence dependency?

If a parent or grandparent is not dependent on the relevant family member but would like to relocate to the UK, they will need to obtain status.

A long-term visit visa may be a suitable alternative for those simply wishing to visit family in the UK, however, an ADR application requires evidence of an intention to live permanently in the UK, whereas a visit visa requires evidence of an intention to leave the UK at the end of the visit, therefore applicants should be mindful of the conflicting requirements.

How do the UK’s ADR rules compare to other countries?

Other jurisdictions provide options that are far less stringent than the UK’s ADR rules, often with the simple condition that the parent/grandparent will be financially taken care of by their sponsoring family member and will not rely on public services.

The United States offers the possibility for US citizens to bring their parents to the US as permanent residents, provided that the sponsor meets a minimum earnings requirement. Canada’s Super Visa offers a medium-term option for both parents and grandparents, allowing them to live in the country for up to seven years – the premise being that this will enable them to spend more time with their grandchildren, for instance.

Where do we go from here?

Inflexible parent and grandparent visa options have been criticised for causing economic loss, due to highly skilled migrants feeling as though they have no choice but to return to their country of origin (either to look after or spend more time with their elderly relatives).

Many have called for the rules to revert to the pre-2012 position, which focussed on financial dependence where the family member was older than 65, or where there were exceptional circumstances if younger than 65, and saw a much higher number of applications made and successfully granted.

Need to know more?

Fragomen is here to help you stay up to date with any further developments in the law. Making a successful application is possible with proper legal guidance.

If you require further guidance on submitting an Adult Dependent Relative application, or wish to lodge an appeal, please contact Director Olga Nechita at [email protected] or Trainee Solicitor Amelia Haynes at [email protected].

This blog was published on 19 September 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.