How to Bring Elderly Parents to the UK
The Adult Dependent Relative visa is a common immigration pathway to bring your dependent elderly parents to the UK. Here we will discuss who the Adult Dependent Relative visa is for, the main requirements, the documents required for an application, and your options if the visa application for your elderly parents is refused.
Can I bring my parents to the UK permanently?
Yes, you can bring your parents to the UK and sponsor their stay by applying for the Adult Dependent Relative visa. We are often asked “can I bring my mother to the UK?” or “can I bring my mother-in-law to the UK?” and how to secure a UK visa for parents from India. Under the Adult Dependent Relative visa route, it may be possible for you to sponsor your overseas parents to live with you in the UK where the requirements outlined below are met.
Where an elderly parent is successful in gaining an Adult Dependent Relative visa, they may be able to stay permanently if the person providing care is British (i.e. a UK visa for parents of British citizens), Irish, or settled in the UK (i.e. they have Indefinite Leave to Remain or settled status under the EU Settlement Scheme). If the person who will provide care has pre-settled status through the EU Settlement Scheme or they have refugee status or humanitarian protection, the elderly parent coming to the UK can stay as long as their family member remains here. This means the parent will need to apply to extend or settle when their family member does.
UK Adult Dependent Relative Visa for Elderly Parents
There are several eligibility requirements that must be met in order for an elderly relative to gain an Adult Dependent Relative visa. We discuss these in detail on our dedicated Adult Dependent Relative visa page. The main requirements for a Dependent visa UK for parents are as follows:
- The person sponsoring parents to the UK must be a British or Irish national or have settled in the UK.
- The elderly parent coming to the UK must be able to demonstrate that they need long-term care for daily tasks and this is not available or affordable in their home country.
- There is suitable accommodation and sufficient financial resources to support the person coming to the UK without claiming benefits.
The challenge when applying for this particular type of visa is providing enough evidence that the elderly parent needs long-term care. It is also vital to prove that they are not able to receive the care they need in their home country. Without sufficient evidence that the type of care needed is not available or affordable in their home country, the UK Home Office is likely to refuse the application.
Our immigration solicitors understand the level and type of evidence needed to make a successful Adult Dependent Relative visa application. Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at firstname.lastname@example.org
Documents required to bring parents to the UK
Adult Dependent Relative visa applications require several items of documentation and evidence, including (but not limited to):
- your current passport or other valid travel ID
- applicant’s date of birth and nationality
- evidence of the relationship between the applicant and the person living in the UK (e.g. birth certificate)
- evidence of nationality, settlement, EU pre-settled or settled status, refugee status, or humanitarian protection for the person who will provide care in the UK
- evidence that the applicant requires long-term care (e.g. letter from their primary physician)
- evidence that the applicant is not able to receive the type of care they need in their home country (e.g. a letter from their primary physician or from a care provider confirming such care is not available)
- evidence that the type of care required is not affordable in the applicant’s home country (e.g. a letter showing a breakdown of estimated costs and bank statements to show this is not affordable)
- evidence that the person providing care has sufficient accommodation and funds to support the applicant without seeking public funds (e.g. a diagram of the home in which the applicant will be living showing the number, size, use, and type of rooms, and bank statements showing sufficient income or savings). TB test results (only required for nationals of some countries)
- a certified translation where a document is not written in English or Welsh
If you are unsure if the documents you have prepared for your Adult Dependent Relative visa are sufficient to satisfy the Home Office, or how to apply for a visa for parents over 65, it is advisable to have these checked by an immigration solicitor before these are submitted.
Adult Dependent Relative Visa exemptions for elderly parents
Those applying for an Adult Dependent Relative visa are typically exempt from meeting the English language requirement if they are over 65 years. If they are under 65 years, they may still be exempt from this requirement if it can be shown they have a physical or mental health condition that may prevent them from meeting the requirement. In this case, the applicant would need to provide evidence from their doctor setting out their physical or mental condition and confirmation they should be exempt from the English language requirement.
Adult Dependent Relative visa for parents refused
It may be possible to appeal a refusal of an Adult Dependent Relative visa if the application was originally based on their right to private and family life under Article 8 of the European Convention on Human Rights.
There are several reasons for refusal of an Adult Dependent Relative visa, including:
- the Home Office believes that the applicant can receive the care they need in their home country
- insufficient evidence has been provided that the applicant has long term care needs
- the person who would provide care in the UK does not have sufficient accommodation or funds
Given the very high bar set for eligibility under the Adult Dependent Relative visa, without providing sufficient evidence of how each requirement is met, the Home Office will issue a refusal.
Where an application for an Adult Dependent Relative visa is refused, the refusal letter will explain if the person has a right of appeal. If not, they can still apply for an Administrative Review (AR) if it is believed that a mistake was made by the Home Office. Alternatively, it may be possible to apply for a Judicial Review (JR) to challenge the legal basis for the refusal.
Other ways to bring elderly parents to the UK
If it is not possible to bring an elderly relative requiring care to the UK on an Adult Dependent Relative visa, other visa routes which may be considered include:
- Long term visit visa
- Multi-entry family visitor visa
- Family visa – as a parent
- EU Settlement Scheme as a family member
- British Nationals (Overseas) visa
If your overseas parent is not eligible for an Adult Dependent Relative visa, speak to our team who will be able to explain all of the other available routes. Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at email@example.com