Immigration Application – Family life as an adult dependant relative
In exceptional circumstances, the UK Immigration Rules allow non-European nationals to apply for leave in the United Kingdom on the basis of their relationship as a ‘dependant adult relative’ of someone with settled status or British Nationality.
If you are the parent, grandparent, brother, sister or adult child of someone with settled status in the UK or a British Citizen you may be able to apply for leave to the UK if you can prove that there are exceptional circumstances.
Exceptional circumstances usually mean that you require long term care from your relative in the UK due to age, illness or disability. You must be able to prove that the care can only be provided by the relative in the UK, and you are unable to obtain the same level of care in your current country of residence. You must also be able to prove that the carer in the UK can support you financially and by way of accommodation.
Please note that these applications (leave in the UK) cannot be made in-country. They can only be made from outside the UK.
Danielle Cohen solicitors have acted for an increasing number of adult dependent relatives who wish to remain living in the United Kingdom with their British family members. We pride ourselves in being able to promote the best interests of the grandchildren who would benefit from their grandparents remaining in the UK. It is our argument that the consideration of the children’s best interests should be evaluated together with other factors sometimes, leading to the finding of “exceptional circumstances” even if the Rules themselves could not be satisfied.
Adult Dependent Relative under the European Regulations
The relevant regulation in issue is Regulation 7(1)(c) which provides that for the purpose of these Regulations, dependent direct relatives in the ascending line of the spouse or civil partner of the EU national, should be treated as family members. The test of dependency has been considered on a number of occasions by the Court of Justice of the European Union.
Applications will succeed usually if enough evidence of material or emotional support is provided and we demonstrate that having regard to the financial and social conditions, the dependent relative would not be in a position to support himself without the EU worker’s help. The need for material support must exist in the state of origin of the relative or the state where they came to be at the time when they joined the community member.
Danielle invites you to take a look at her ‘blog’ page where you will see she has explained the law that applies to Adult Dependant Relatives, along with many other articles about her diverse client base and the rapidly changing Immigration Rules. If you would like further information about this category please contact Danielle and her team of Immigration and Human Rights lawyers on 020 7267 4133 who will be able to assist you.