UK Dependent Visa For Parents And Grandparents

FURTHER DETAILS

Visa routes for parents and grandparents

There is no general UK visa that allows an adult to add a parent or grandparent as a dependant. The appropriate route will depend on the circumstances of the family, the immigration status of the person in the UK and whether the relative intends to visit temporarily or live in the UK permanently.

Applying as the parent of a child in the UK

A parent may be able to apply under the family visa rules where they have a genuine and subsisting parental relationship with a qualifying child who is living in the UK.

The child will normally need to be British or Irish, settled in the UK or have another qualifying form of immigration status. In certain applications made from within the UK, the route may also be relevant where the child has lived continuously in the UK for at least seven years and it would not be reasonable to expect them to leave.

The applicant must usually demonstrate that they have sole or shared parental responsibility for the child, or direct access to the child in person, and that they are taking an active role in the child’s upbringing. The route is intended for a parent seeking to remain in the UK because of their relationship with their child, rather than someone who qualifies to apply as the partner of the child’s other parent.

Adult Dependent Relative applications

The Adult Dependent Relative route may allow a parent or grandparent to settle in the UK where they require long-term personal care because of their age, illness or disability.

The applicant must normally show that they are unable to perform everyday personal and household tasks without assistance and that the required level of care is not reasonably available or affordable in the country where they live. This test applies even where the UK sponsor is willing to provide financial support towards care overseas.

Evidence may need to address:

• the applicant’s medical condition and care needs;
• the everyday tasks they cannot perform without assistance;
• the care currently being provided and why it is no longer sufficient;
• the availability and cost of suitable care in their country of residence;
• the circumstances of any relatives, carers or care providers overseas; and
• the accommodation, maintenance and care arrangements proposed in the UK.

The UK sponsor must be an eligible close relative who is permanently resident in the UK or otherwise has a qualifying status under the Immigration Rules. They must be able to accommodate, maintain and care for the applicant without recourse to public funds.

An Adult Dependent Relative application must normally be made from outside the UK. A parent or grandparent who enters as a visitor will not usually be able to switch into this route from within the UK.

Visiting parents and grandparents

Where a parent or grandparent only intends to visit the UK temporarily, the Standard Visitor route may be more appropriate.

The applicant must satisfy the Home Office that they are a genuine visitor, will leave the UK at the end of the visit and will not use frequent or successive visits to make the UK their main home. They must also be able to meet the costs of the visit, including accommodation and their return or onward journey, without working or accessing public funds.

Relevant evidence may include the purpose and expected length of the visit, the applicant’s financial circumstances, their family and economic ties to their home country, their previous travel history and details of any support being provided by relatives in the UK.

Applications outside the standard requirements

In some cases, a parent or grandparent may not meet the strict requirements of the Parent, Adult Dependent Relative or Visitor routes. It may still be necessary to consider whether there are exceptional circumstances or relevant human rights considerations, although these applications are fact-sensitive and should not be treated as an alternative to meeting the Immigration Rules.

How Westkin can assist

Applications involving parents and grandparents can be difficult because the correct route is not always obvious and the evidential requirements can be demanding. Our immigration lawyers can:

• identify the most appropriate immigration route;
• assess whether the Parent or Adult Dependent Relative requirements are met;
• advise on medical, care, financial and accommodation evidence;
• prepare Standard Visitor applications for family visits;
• address previous refusals or concerns about an applicant’s intention to leave the UK; and
• advise on exceptional circumstances and family-life considerations where relevant.