Adult Dependent Relative app - UK cit. with US mother

[kyla4u]

Hello,

I'm hoping I can ask a couple of questions on this forum regarding the ADR application. I have read through the sticky notes, but I still have further questions. I will also state that we have spoken to two different solicitors and have received conflicting advice.

Background: I am a US citizen married to a UK spouse. I have lived here over 20 years and I obtained UK citizenship 10 years ago. I have a child who is British as well. None of us have any desire to move to the US (daughter has never lived there) as my husband and I are both very happily, gainfully employed here and we like the UK. We also do not want my husband to get trapped in the US tax system (which is a whole other bag of pain).

I am an only child with no living relatives other than my mother. My mother is 74 and suffers from MS which is getting progressively worse and we are very concerned about her ability to care for herself. She is also an only child with no living relatives - so there is no one from our family other than myself to care for her.

At this point in time we own the flat she is living in the US and we pay about 500 pounds a month towards her care. However, she has now reached the point where she will require either a daily carer or a move into a care home. Unfortunately, we cannot afford either in the US. She is living on social security and medicaid and there are no government provisions for home care or for moving to a care home. The cost of either would be around $40,000 a year or more. We just can't do it. Bringing her here and caring for her in our home is far more financially feasible.

So here are my questions:

1) Do we stand a chance at an application?
2) Is there anyone here who was successful in an ADR application who would be willing to chat about their experience?
3) I'm finding the whole NHS side of this very confusing. Both attorneys have said that we have to pay for all medical care privately and that she would not qualify for NHS care if she got ILR. However, I cannot find this in writing anywhere. Even on the visa.gov site, they make it clear that we cannot use recourse to public funds, but the link they give outlining public funds does not include NHS services, and actually says the NHS is not considered 'public funds'. I have never heard of anyone with ILR being denied NHS services... can anyone enlighten me on this? I also understand that all new visa applicants are required to pay an NHS fee up to 2000 pounds - we are happy to pay this.
4) Wanted an opinion on going at the application on our own without a solicitor - one solicitor actually suggested this because he said it will most likely be denied (because all of them are denied) and then we save our money hire a solicitor for an appeal.

Look forward to hearing from anyone willing to share or give opinions.

[noajthan]

1) Very slim unfortunately.
ADR has very low success rate.

[Wanderer]

1) Very slim unfortunately.
ADR has very low success rate.

And 3) I understand there's an undertaking that includes NHS treatment, UKVI takes the view that it's pretty unfair that someone who's never contributed should benefit and it's hard to argue with that.

But the fact is the sample pool is so small no one really knows without trying...

[Casa]

It may be in your favour that the highest percentage of the limited number of ADV applications have been from countries where the medical fees are higher than the UK, as in the US.

[kyla4u]

Thank you for the comments so far.

Noahthan - I already know it's unlikely - and it's a lot of money - and it won't be fun. But I really don't know what else to do based on the fact that we cannot afford to pay for my mother's care in the US, especially when I am more than capable of taking care of her here.

Wanderer - I agree that it would be nice if everyone who uses the NHS also paid into the system - but I know that is not the case. I also know that the NHS is available to people who arrive here on IRL with 'no recourse to public funds' stamped on their passport. So I'm still curious to know why I keep being told (by three separate solicitors) that the NHS is not available to ADR applicants when I can't find any documentation on any government web site to support this.

Casa: I knew that the number of accepted applications was painfully low, but it is helpful to know that immigration are open to the idea that the US is a very expensive country when it comes to health/personal care. It almost gives me a glimmer of hope.

[ohara]

Successful ADR applicants are normally granted ILE.

This is worth a read: https://www.freemovement.org.uk/home-of ... ndparents/