Adult Dependant Relative Visa refused

[RCD18]

Hello,

Looking for assistance with ADR refusal and wondering if anyone has gone through this process and can guide here. Do we have to apply to HO again or can directly appeal to First Tribunal.

Thanks

[CR001]

You need to provide more detail.

Where are the adult dependents based?

How old are they?

What other family live in their country of residence?

Do the adult dependent relatives meet the onerous requiring care criteria and if so, why is the care not affordable in their home country?

immigration-for-family-members/adult-de ... 87771.html

What were the reasons for refusal?

What is your UK immigration status if you were the sponsor?

Has the adult dependent relative visited the UK before and if so, how long for each visit and how often?

Appeals are rarely successful. This is the most difficult visa to get since the rules were tightened in 2012.

An ADR refusal also shuts the door to any future visitor visa applications.

[secret.simon]

Home Office stats suggest that on initial application, only 6% of ADR applications are approved (i.e. there is a failure rate of 94%). Even after appeals are undertaken, the success rate is only ~20% (i.e. even after appeals, 4 out of every 5 ADR applications still fail). So, the normal expectation for an ADR application would be failure.

As CR001 mentioned above, the ADR has a two pronged approach; one that the parent requires assistance with daily activities such as bathing, washing, etc and two that the assistance/care is either unavailable or unaffordable in their country of habitual residence. As the cost of living is cheaper in most parts of the world than in the UK, the second prong is likely to fail for most applicants.

The UK government's approach is that if you can afford to pay for care of the parent in the UK, you can afford to pay for care of the parent in their home country.

If you can respond to the questions by CR001 above, we can advise you further. But keep your expectations low. And as CR001 advised above, now the chances of your parent(s) being issued a visit visa to the UK are negligible as well.

[RCD18]

Thank you both for the reply.

Application was refused on the grounds for not meeting the criteria for E-ECDR.2.4 & E-ECDR.2.5

E-ECDR.2.4 - ECO has acknowledged my elderly widowed parent has medical condition, however stated that the evidence does not confirm that applicant require long term personal care to perform everyday tasks.

I provided Doctor's letter to confirm performing day to day task is difficult for the applicant due to medical condition and requires family care and support. I'm the only family applicant has and I'm British national. Applicant is 64 yrs. We also provided evidences to confirm the required level of care and support is currently not available in the home country even with the financial assistance.

E-ECDR.2.5 - ECO stated that applicant is receiving the required level of care and treatment in home country and can continue to receive.
This is contrary to the evidences provided, as the applicant is not receiving the care and treatment required in the home country hence the ADR was applied.

Thanks

[CR001]

You haven't answered the questions asked?

64 is not considered "elderly' either. In the UK, it is still working age.

What medical condition does the parent have?

What is the country/nationality of the parent?

If you read the link I had provided above of what the care requirements are, you will see that "long term personal care etc" is different to "family care and support".