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Paano Mag “Petition” Ng Parents or Adult Dependent Relatives To Come Over To The UK? Atty Magsino explains in Tagalog and English

Ang Adult Dependent Relative visa category ay para sa mga pamilya or relatives of British citizens, persons present and settled in the UK, persons with limited leave to remain in the UK under Appendix EU or persons in the UK with refugee leave or humanitarian protection status. Some of the contents here are taken from Richmond Chambers.

Ano -ano ang mga eligibility requirements for an Adult Dependent Relative visa?

The applicant for the UK as an Adult Dependent Relative you will be required to prove:

  • You are the 
    • parent aged 18 years or over
    • grandparent
    • brother or sister aged 18 years or over
    • son or daughter aged 18 years or over 

of a person who is in the UK and that person is over 18 and either a British citizen, settled in the UK, has limited leave to remain in the UK under Appendix EU or is a person with refugee leave or humanitarian protection status;

  • As a result of age, illness or disability, you require long-term personal care to perform everyday tasks;
  • You have no access to the required level of care in the country you are living, even with the practical and financial help of your family member in the UK;
  • There is no person in the country you are living that can reasonably provide you with care;
  • You will be adequately maintained, accommodated and cared for in the UK by your family member, without recourse to public funds.

Paano mo patutunayan that an Adult Dependent Relative requires long-term personal care?

As a result of age, illness or disability, kelangan na maipakita mo that the applicant requires long-term personal care to perform everyday tasks. These tasks include the ability to wash, dress and cook for yourself. In order to satisfy the Home Office that the applicant meets these requirements, you may wish to instruct an expert to produce a medical report to comment on the long-term personal care you may require.

Our immigration lawyers can assist you to identify a suitably qualified medical professional and then instruct the medical expert as to the issues that they should address in their report.

Ano ba yang “required level of care” the Home Office will consider?

You must prove that you have no access to the required level of care in the country where you are living. This could be because: 

  1. The care you require is not available and there is no person in that country who can reasonably provide you with care, or
  2. The care you require is not affordable.

The level of care required will be assessed objectively depending on your particular needs. The Entry Clearance Officer will consider what care is available and whether it is realistically accessible to you, taking into consideration external factors such as the geographical location and the cost of care. 

Paano mo ipakikita na there is no person in the country who can reasonably provide an Adult Dependent Relative with care?

Titingnan ng UK Visas and Immigration kung meron pwedeng mag-alaga or someone who can reasonably provide the required level of care. These persons or facilities might include:

  • A close family member;
  • A wider family member;
  • Friend or neighbour; 
  • Home-help;
  • Housekeeper;
  •  Nurse,
  • Carer;
  • Nursing/care homes.

The Home Office guidance states the following with regard  to who can reasonably provide an Adult Dependent Relative with care:-

“The concept of whether another person can “reasonably” provide care may require consideration of such matters as the location of that person, their own circumstances and other commitments, and their willingness to provide such care. The fact that a person or organisation has been providing care for a period may suggest that they can continue to do so, however, if evidence is provided as to the temporary nature of such care, or as to a change in circumstances, this must be carefully considered”. 

What evidence should I produce to show an Adult Dependent Relative will be adequately maintained, accommodated and cared for in the UK?

As the sponsor, you will be required to sign a Sponsorship Undertaking Form to confirm na hindi hihingi ng anumang benefits or tulong ang applicant sa UK Government and that you (as the Sponsor) will be responsible for them for a period of 5 years from the date they enter the UK (if they are granted indefinite leave to enter). The documents to evidence this can include the following:

  • Evidence of income in the form of payslips, shares, bonds;
  • Personal bank statements;
  • Information on your outgoings including Council Tax and utilities bills
  • Evidence of support provided to anyone else dependent on the Sponsor;
  • Mortgage or tenancy agreement;
  • Evidence of planned care arrangements for the Adult Dependent Relative whilst in the UK.

Note that although whether the family member in the UK is financially and logistically able to care for their adult dependent relative is a consideration, it is not given the same importance as whether the relative can be cared for in the country where they live (see above).

Paano naman kung I do not meet the required for an Adult Dependent Relative Visa?

In the event that the applicant does not meet the requirements as set out above, the Entry Clearance Officer will consider whether, in the particular circumstances of your case, the ECHR Article 8 right to respect for private and family life is engaged. With reference to this consideration, the guidance states that “in order to establish that family life exists between adults who are not partners, there must be something more than such normal emotional ties”. Factors which will be taken into consideration includes “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.”

If Article 8 is engaged, the Entry Clearance Officer will also consider whether there are ”exceptional circumstances” so that a refusal would be  a breach of Article 8 because it would result in unjustifiably harsh consequences for the Adult Dependent Relative or their family. Unjustifiably harsh consequences are defined in the Home Office guidance as “ones which involve a harsh outcome or outcomes for the applicant or their family which is not justified by the public interest, including in maintaining effective immigration controls, preventing burdens on the taxpayer, promoting integration and protecting the public and the rights and freedoms of others.” Note here that the ‘unjustifiably harsh circumstances’ relate to all the family members, including the ‘sponsoring’ family members in the UK.  

Maganda na mag-apply ng ganitong complex case na may expert advice to apply for an Adult Dependent Relative visa given the complexity of these considerations.

We are Queen’s Park Solicitors. I am a lawyer based in London, UK. My name is Atty. Lindoven Magsino, BSc, MBA, GDL, LLM, Ph.D. (candidate). We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RT, United Kingdom | Telephone: 02036437508 | Mobile: 07446888377 | Fax: 02033931725 | Email: donm@queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA) 566513. Visit us at http://www.queensparksolicitors.co.uk.

Categories: Home, UK Immigration

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