SBA Solicitors will be updating regularly on new changes on the immigration rule announced July 2023

  1. Redrafting of Immigration Rules: The Immigration Rules for the Adult Dependent Relative (ADR) route were redrafted in response to the Law Commission’s report on simplifying the immigration rules for increased legal certainty, transparency, and accessibility.
  2. New Appendix: The ADR route, previously under Appendix FM, has been replaced by a new section called “Appendix Adult Dependent Relative.”
  3. Eligibility Requirements: The eligibility threshold for an Adult Dependent Relative visa remains high, and there have been no changes to the core eligibility criteria.
  4. Evidential Requirements: The evidential requirements for an Adult Dependent Relative visa have been moved to the new Appendix, making the application process clearer.
  5. Financial Requirement: The financial requirement for an Adult Dependent Relative visa remains the same, but it is now cited under the subheading “Financial requirement for an Adult Dependent Relative.”
  6. Adequate Maintenance: The new rules do not provide a clear definition of “adequate maintenance” within the Appendix itself. Applicants can find this definition in an external document titled “Family Migration: Appendix FM and Adult Dependent Relative – Adequate maintenance and accommodation.”
  7. Maintenance Undertaking: The maintenance undertaking, now referred to simply as the “maintenance undertaking,” requires the sponsor to ensure financial support, accommodation, and care for the applicant for a specified period without recourse to public funds.
  8. Recovery of Public Funds: The UK Government has the authority to recover any public funds received by the applicant while the maintenance undertaking is active.
  9. Partners of Applicants: The wording referring to partners of Adult Dependent Relative applicants has been removed from the Appendix, but the Family Policy guidance still requires clarification on this point.
  10. Article 8, Suitability, and Settlement: The rules surrounding Article 8 of the European Convention on Human Rights (ECHR) remain unchanged. Applicants who fail certain suitability grounds but may face unjustifiably harsh consequences can still be eligible under Article 8.
  11. Impact: While the restructuring and rephrasing of the rules have made the application process clearer, it is unlikely that the success rate of new applications will significantly improve due to the unchanged high eligibility threshold.

Overall, the changes to the Adult Dependent Relative visa rules aim to simplify the application process and improve clarity for applicants. However, the eligibility requirements remain stringent, making it challenging to achieve a successful application.

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