There is limited provision in the immigration rules to allow dependent adult family members to relocate to the UK to be cared for by their relatives. Applicants must apply from outside the UK, and meet suitability requirements which broadly exclude those with poor immigration records, criminal convictions, or debts to the NHS or Home Office. The Applicant must also be the parent, grandparent, sibling or adult son or daughter of the UK Sponsor, who must demonstrate they have the funds to support the Applicant. The Sponsor must also provide details of the care arrangements planned in the UK with details of the cost of that care, and how that cost will be met by the Sponsor.
The most difficult requirement to meet and give evidence for is the requirement that states an Applicant must show they need long-term care to do everyday personal and household tasks (such as washing, dressing, cooking) because of illness, disability or their age. They have to show that the care they need is not available or affordable in the country where they live, even with the practical and financial help of the Sponsor. They must also show that there is no one who could reasonably provide care for them in their resident country, or that it is not affordable (even with the UK Sponsor’s financial support).
The provision of care in the home country must be reasonable both from the perspective of the provider of the care and the Applicant, and relevant cultural factors should be considered by the officers reviewing these applications.
While the requirements of the rules are strict, and do not allow for compassion, Applicants may be successful at appeal. This could be because their needs have increased since the application was submitted, because the Home Office had not properly considered their needs and the care they require, or because it is recognised that refusing their appeals would be incompatible with their protected rights.
Bindmans have many years of experience of these cases and are happy to advise families and individuals who have submitted or are considering such applications. Get in touch with our team here.