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Adult Dependent Relatives: care options for family living abroad

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Isle of Man visas and immigration: an introduction
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British citizenship, and how to get it
04/11/2022
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Adult Dependent Relatives: care options for family living abroad

At Kinley Legal we are privileged to work with people from all over the world every day, each with their own unique circumstances.

In many cases, an individual has more than one immigration route available to them but in other cases the options may be limited to a single route with extremely onerous criteria. Making a successful application, particularly when the options are limited, is tricky and specialist advice is always recommended.

The Adult Dependent Relative route is one such example.

As the name implies, this immigration route is only available to adults who are either the parent, grandparent or other dependent relative, including a child, of a person present and settled in the Isle of Man who is financially dependent on the Isle of Man-based relative.

The visa is only granted in very limited circumstances, but it is a very special immigration route because it allows the holder of the visa to enter and live in the Isle of Man indefinitely. There is usually no need for further immigration applications.

To be successful, you must demonstrate that, as a result of age, illness or disability, you need long-term personal care that can only be provided in the Isle of Man by a relative here. The care needs may have arisen recently, such as the result of a serious accident or it could be the result of deterioration over several years.

You do not need to be over 65 years to apply but if you are a younger parent or grandparent or another relative, like a child over 18 years old, you need to be prepared to show exceptional compassionate circumstances.

Proving that you have care needs is only one piece of the puzzle. You also need to demonstrate that you are unable to obtain the required level of care in the country where you are living because it is either not available and there is no person in your country who can provide such care, or because it is not affordable.

This can be a very difficult thing to prove. On the one hand you must show that the person who you are applying to join, can afford to maintain and accommodate you in the Isle of Man, but at the same time that they cannot afford to provide care in the country where you are living.

In less developed countries, where the care simply isn’t available, it can be difficult to obtain the right evidence that this is indeed the case. The bar for success in this route is set pretty high and to complicate matters further, the Immigration Rules are not prescriptive on how you can meet each of the stringent tests.

Applications generally require a great deal of supporting evidence covering a number of aspects – relationships, financial standing, maintenance and accommodation, care needs and medical situation – all of which have to be carefully considered to strike a delicate balance by clearly illustrating your care needs and circumstances on the one hand but at the same time, demonstrating that you will not be a burden on the system on the other.

In our experience applications like these are deeply personal and are pursued because there simply is no alternative. Because of the subjective nature and the lack of clear guidance available, having a skilled and experienced immigration specialist who can view the situation objectively and advise on the appropriate course of action is invaluable.

Kinley Legal is a fully qualified and insured law firm, specialising in Isle of Man immigration and British nationality work. All our lawyers are based in the Isle of Man and hold qualifications to practise not only in the Isle of Man, but also jurisdictions such as England and Wales, Ireland and South Africa. We have significant experience working with families to advise on Adult Dependent Relatives and other family related immigration routes.

Contact us

If you would like to make an appointment for a call, in-person meeting or online meeting to discuss your situation please get in touch by e-mail at immigration@kinleylegal.com or complete our simple contact form, and we would be pleased to help.