Adult dependent relatives change in policy law
Adult dependent relatives remain one of the most complex immigration based application and at the time of writing this, there have been no significant changes to the Immigration Rules.
The purpose of this route is to allow a non-European Economic Area (non-EEA) national adult dependent relative (ADR) of:
- a British Citizen in the UK;
- a person settled in the UK; or
- a person in the UK with refugee leave or humanitarian protection.
The policy intention behind the ADR Rules is, firstly, to reduce the burden on the taxpayer for the provision of NHS and local authority social care services to ADRs whose needs can reasonably and adequately be met in their home country; and, secondly, to ensure that those ADRs whose needs can only be reasonably and adequately met in the UK are granted immediately settled status (where their sponsor has this or is a British Citizen) and full access to the NHS and local authority social care services. This is intended to avoid creating a disparity between ADRs depending on their wealth and that of their sponsor, and to give those ADRs who qualify certainty about their long-term status in the UK.
Where the applicant does not meet the requirements of the ADR Rules, the decisionmaker must go on to consider:
- Firstly, whether, in the particular circumstances of the case, the ECHR Article 8 right to respect for private and family life is engaged; and
- If it is, secondly, whether there are exceptional circumstances which would render refusal a breach of Article 8 because it would result in unjustifiably harsh consequences for the applicant or their family.
Article 8 protects the right to respect for private and family life. However, the “family life” element of Article 8 is not normally engaged by the relationship between adult family members who are not partners. Neither blood ties nor the bonds of concern and affection that ordinarily go with them are, by themselves or together, enough to constitute family life for the purposes of Article 8. Accordingly, in order to establish that family life exists between adults who are not partners, there must be something more than such normal emotional ties.
Whether such family life exists will depend on all of the facts of the case. Relevant factors will include the age, health, and vulnerability of the applicant, the closeness and previous history of the family, the applicant’s dependence on the financial and emotional support of the family, and the prevailing cultural tradition and conditions in the country where the applicant lives. Where such family life exists, such that Article 8 is engaged, the decision-maker must assess whether there are exceptional circumstances which would render refusal a breach of Article 8, under paragraph GEN.3.2. of Appendix FM.
If you are looking to sponsor your dependants, it is sensible to seek legal advice from us. We will provide you with sensible, honest legal advice and ensure criteria can be met before an application is lodged. You can book a consultation with one of our advisors by the free book here or email us your inquiry to info@icslegal.com.
