For many individuals residing in the UK, the question “Can I bring my sister to the UK permanently? ” often arises when considering family reunification. While the UK’s immigration system provides various pathways for family visas, specific options for bringing siblings to the UK are limited and heavily regulated. The most appropriate visa route for this aim is the Adult Dependent Relative Visa, but the criteria to meet are rigorous, and success rates on application are appallingly low.
This briefly explores the rules, issues, and options for permanently bringing a sibling to the UK under the present immigration rules.
Knowing more about the Adult Dependent Relative Visa
The major immigration route for siblings who want to gain permanent residence in the UK is the Adult Dependent Relative visa. It is intended for those who require long-term personal care on essential grounds of age, illness, or disability and whose care cannot be provided in their country of origin. This stands in contrast to other family visas as the ADR visa secures immediate Indefinite Leave to Remain application also called ILR within the UK, avoiding frequent renewals.
Eligibility for ADR Visa
To apply for an ADR visa, the following conditions should be met.
Care Dependency
The applicant should depend on daily personal care for simple needs like dressing, eating, and washing. The information should be accompanied by clear medical documentation from a qualified practitioner.
No Care is Available in the Country of Origin
The applicant must show that adequate care is either unavailable or unaffordable in their country of residence. Examples might include a lack of access to particular medical facilities or family members in their home country who are incapable of providing the required care.
Relationship to the Sponsor
Close familial relationship to a UK-based sponsor: the applicant should be the brother, sister, parent, or grandparent of the UK-based sponsor. Sponsor citizenship, settled status, or humanitarian protection
Sponsor’s Financial Capability
The sponsor must demonstrate that he or she can provide adequate maintenance and accommodation for the applicant without resorting to public funds. This means he would satisfy the standard requirement of “adequate maintenance,” but there is no specified minimum income level.
Accommodation Arrangement
The sponsor should demonstrate that they have suitable accommodation available for the sibling. This accommodation should comply with the current UK space and health standards.
This video will explain the differences between family dependent visas.
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One of the most important aspects of the ADR visa application procedure is its financial demands. The application fee for the ADR visa from outside the UK is £3,250. This cost is non-refundable, even if the application is refused. The applicant may also be made to pay the Immigration Health Surcharge, which grants access to NHS.
IHS is usually between £1,035 per annum and is determined many years in advance for permanent settlement visas.
the sponsor has to prove that he is financially stable by;
- showing payslips or tax returns.
- Showing proof of savings and investment
- Housing documents containing mortgage statements or rental agreements.
By accepting a maintenance undertaking, the sponsor would agree to the applicant’s living and care costs for a minimum of five years without utilising public funds.
Sibling Applications to the UK: Challenges
As there are entry options through ADR visas for siblings, the success rate of applications is pretty low because the Home Office appears very particular. Some reasons attributed to these refusals are:
Lack of Sufficient Medical Evidence: Applications are likely to fail if the care dependency is not documented correctly or the Home Office regards the medical reports as insufficient.
Alternative Care Available in the Home Country: If the Home Office thinks that the required care could reasonably be provided in the applicant’s home country, the application would most probably be refused.
Lack of Sufficient Financial Documentation: The sponsor needs to demonstrate more than proof of available means for the applicant’s care, and even minor inconsistencies result in refusals.
With such difficulties, the applicant will seek professional legal advice to improve his or her applications.
Alternatives to the ADR Visa
If this route is not open, then there are very few ways to bring siblings to the UK permanently:
Short-Term Visitor Visas
Siblings who wish to live in the UK can apply for visitor visas and stay for as long as six months. Nevertheless, such a visa does not offer permanent residency or work rights and is inappropriate for long-term migration.
Applications Under Human Rights
In rare instances, applicant-proponents may apply Article 8 of the European Convention on Human Rights, which guarantees the right to family and private life. This right is assessed on a case-by-case basis and only subjected to cases where compelling evidence proves exceptional circumstances.
Dependent Child Visas
If the sibling is under 18, they would be eligible to get a dependent child visa, provided the parents are already settled in the UK.
Role of Indefinite Leave to Remain (ILR) in the Process
To ILR-holding sponsors, their immigration status forms the solid background for supporting an ADR application. ILR-holding individuals are not subject to any restrictions on their right to live or work in the UK and, therefore, can qualify to be a sponsor for dependent relatives. The sponsor’s proof of holding ILR, which can be a biometric residence permit or a letter from the Home Office, will be required in the application process.
In some situations, siblings who successfully enter the UK on a family visa can themselves eventually apply for an Indefinite Leave to Remain application, assuming they satisfy requirements for continuous residence and other conditions.
Measures to Strengthen an ADR Application
Detailed Medical Documents
Claimants should seek proper and precise medical documents from experts who will clearly define their dependency on care. The documents must also include the activities that cannot be carried out when individuals are acting independently and evidence of ongoing medical conditions.
Showing Lack of Care at Home
Applicants must provide evidence such as an explanation from providers based in the locality, proof that services aren’t available, or testimonies by family members explaining why they are unable to care for them.
Gathering Financial Paper Evidence
Sponsors are supposed to gather sufficient financial evidence, including bank statements, payslips, and savings evidence. They also have to show a budget showing how they will be able to care for the sibling without public funding.
Legal Advice
Given the complexities of the ADR visa process, consulting an immigration solicitor can significantly improve the chances of success by ensuring the application meets all Home Office requirements.
Get Proper Legal Help
The question “Can I bring my sister to the UK permanently? ” has a challenging but achievable answer through the Adult Dependent Relative visa. At the same time, the process is rigorous and requires detailed evidence of care needs and financial stability. This route can also lead to a successful Indefinite Leave to Remain application, allowing siblings to settle in the UK permanently. If you’re considering this immigration route, A Y & J Solicitors can provide expert advice and assistance, ensuring your application is comprehensive and compliant with Home Office requirements. A Y & J Solicitors is a specialist immigration law firm with extensive experience with an Indefinite Leave to Remain application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!