UK Elderly Dependent Visa Refused: Appeal and Other Options

The Elderly Dependent visa, also called the Adult Dependent Relative visa, has one of the highest refusal rates of all UK immigration routes due to the strict requirements that must be met. If an Elderly Dependent visa has been refused (or that of a close family member), there are several possible ways forward, including appealing, submitting a fresh application, or preparing a different type of visa. In this article, we will explain how to appeal an Elderly Dependent visa refusal and the other options available.

How to appeal an Elderly Dependent visa refusal

In the event that an Elderly Dependent visa is refused, it is possible to appeal to the First-tier Tribunal (Immigration and Asylum) court. Appeal means that you are challenging the decision made by the Home Office, either on the basis that you believe an error was made, that the law has been incorrectly interpreted, or your human rights have been breached. The main steps involved in appealing an Elderly Dependent visa refusal are as follows:

1. Build a strong case to overcome the reason for your refusal.
2. Prepare and submit an appeal application to the First-tier Tribunal - your appeal must be received by the tribunal court within 28 days of your refusal decision.
3. The initial decision will be reviewed by the Home Office – at this stage, the decision may the changed granting approval, or upheld.
4. Tribunal hearing – if the refusal is upheld, the appeal will go to a hearing. You will be advised whether you need to attend the tribunal in person or remotely by video call or phone. You may also be asked to attend a ‘pre-hearing’ to ensure you are ready for your hearing.
5. Receive a decision on your UK visa appeal – the tribunal will either allow or dismiss your appeal. If allowed, the Home Office will be required to reconsider your case.

It is important to bear in mind that making a successful appeal of an Elderly Dependent visa refusal requires a strong case backed with sound evidence. For this reason, it is always important to seek support from an immigration law professional.

Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form to discuss an Elderly Dependent visa refusal appeal.

Reapply for an Elderly Dependent visa

In some cases, rather than appealing an Elderly Dependent visa refusal, it may be more prudent to simply prepare and submit a fresh application. Preparing a new application may provide a faster and less costly route to a positive decision. This is especially the case if the Elderly Dependent visa application contained incorrect or missing information or evidence.

Before reapplying, it is important to check that the applicant meets all of the criteria for an Elderly Dependant visa and that you understand the reason for refusal. If the applicant was refused because they are not eligible, there is little point in reapplying. In this case, it is advisable to consider some of the alternative visa routes available.

Alternatives to UK Elderly Dependent visa

Another option in the event of an Elderly Dependent visa refusal is to apply for a different type of visa. Depending on the applicant’s circumstances, it may be possible to apply for a short term visa (e.g. a UK visitor visa / UK medical visa) or a long term visa (e.g. UK long term visitor visa).

Failing all else and in the most urgent of cases, UK-based family members can leave the UK to care for their loved one for up to 2 years without losing their residency status. And even if residency is lost, they can still apply for a Returning Resident visa (RRV). However, this is up to the Home Office and may require strong justification to regain your UK residency status.

Common reasons for Elderly Dependent visa refusal

The Home Office may refuse an Elderly Dependent visa if they believe that:

• The relationship is not genuine
• There is no long term care need
• The care required is not available in the applicant’s home country

The relationship is not genuine

The Home Office must be satisfied that the person who needs care has a parent, grandchild, brother, sister, son or daughter who is able to provide care in the UK. Crucially, the UK-based family member must permanently settled here (e.g. hold ILR or British citizenship).

There is no long term care need

Elderly Dependant visa applicants may be refused if the Home Office believes they do not have a long-term care need due to age, illness or disability. This is why providing strong medical evidence is essential in securing a positive decision.

The care required is available in the applicant’s home country

The Home Office will check whether the applicant is able to receive the required level of care in their country. It must be demonstrated that there is no one available within the country to provide the care needed, or this is not affordable. The level of care needed will be based on an assessment of the applicant’s physical, emotional and psychological needs. If the Home Office believe that another person can provide care, such as a son, daughter, brother, sister, parent, grandchild, grandparent, a wider family member, friend, neighbour, or another person, they may refuse the Elderly Dependant visa.

How can Reiss Edwards help?

Reiss Edwards is renowned for successfully handling the most complex immigration matters. Our immigration Solicitors can:

• Review the reason of your Elderly Dependant visa refusal and advise if an immigration decision appeal is necessary
• Advise on the options available in the event of Elderly Dependant visa refusal and the best route given the circumstances
• Prepare and submit your Elderly Dependant visa, including gathering all of the required evidence
• Appealing an Elderly Dependent visa refusal
• Provide robust representation in a First-tier Tribunal (Immigration and Asylum) court or Upper-tier Tribunal (Immigration and Asylum) court, and

For assistance with your Elderly Dependant visa refusal, please speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form.