UK Adult Dependent Visa

Do Irish citizens need to apply for an adult-dependent relative visa?

The UK government and the Ireland government have an agreement that dates back to 1921, known as the “Common Travel Area.”

The Common Travel Area allows Irish citizens to freely work, live, study, and become residents in the UK without having to go through any of the immigration processes that citizens from other countries, including those from the European Union or non-EEA family members, require before making the move to the UK. That means that Irish citizens share the same rights as any British citizen.

Despite Brexit, the Common Travel Area remains intact and the rights of free movement between the two countries will not change. That is all to say that if an adult family member is an Irish citizen and requires assistance, they can absolutely move to the UK in order to get that support from their family members residing there. They will have immediate access to health care and any health professional they require.

What are the eligibility requirements for an adult-dependent relative visa?

To be eligible to start the application process, the applicant should be living outside of the UK and require long-term care from a parent, grandchild, brother, sister, adult child, son, or daughter.

The person offering the care must:

• Be a British or Irish citizen
• Be settled in the UK with either indefinite leave to remain, settled status, or proof of permanent residence
• Be from the EU, Switzerland, Norway, Iceland, or Liechtenstein and hold pre-settled status
•  Hold refugee status or humanitarian protection in the UK

The applicant for the adult-dependent relative visa must be able to prove the following:

• You require long-term care to do everyday personal and household tasks because of age, illness, or disability.
• The care you require isn’t available or affordable in Ireland
• The person you’ll be joining in the UK can support, accommodate and care for you without claiming public funds for at least 5 years
• You’re 18 or over

What is the supporting documentation for the adult-dependent relative visa?

There are extensive supporting documents that can serve as evidence that you qualify for this visa. Supporting documents required include:

• Full names
• Date of birth
• Current passport or other valid travel ID
• Copies of the photo page and any visa or entry stamps in your previous passports
• Copy of the biometric residence permit (If applicable)
• Details of any previous immigration applications you’ve made
• Details of any criminal convictions (if applicable)
• National insurance number
• Tuberculosis test results

If these documents are not in English or Welsh, they have to be translated by a recognized person prior to submission.

What is the application process for the adult-dependent relative visa?

The Adult Dependent Relative visa offers entry clearance only to applicants outside the UK. So, if you are in the UK, you cannot switch onto this visa from another from within the UK.

Prior to applying, the applicant should prepare the necessary information and documents, including, when applicable, their sponsor’s (who is a UK citizen or has settled status) written undertaking that they will be responsible for the applicant’s maintenance, accommodation, care, and bear complete financial responsibility for at least 5 years without relying on public funds, and all medical evidence.

The application process for this visa is completed online on the UK government website. As part of the application, applications need to complete Appendix 1, too. In addition, you may be required to pay the application fees and submit your supporting documents.

What are the reasons the adult-dependent relative visa may be rejected?

The adult-dependent relative visa has very strict application requirements, so rejections often occur. There are a number of reasons an application might be rejected. This includes:

• Failure to provide enough sufficient evidence of a family relationship between the UK sponsor and the visa applicant (such as an elderly, dependent parent)
• Not enough proof showing that the individual requires long-term personal care due to age, illness, or disability
• The Home Office is not convinced that a similar standard of care could not be found in Ireland
• Proof of sufficient financial, accommodation, and care maintenance for at least five years was not provided

Luckily, per immigration rules, if the application is indeed rejected, it is possible to challenge the decisions through an administrative review or appeal via the First-Tier Tribunal.