Adult dependent relatives – judicial review challenge

The Immigration Rules on visa applications ‎made by adult dependent relatives of UK citizens were changed in July 2012. An adult dependent relative may be a parent, grandparent or other adult dependent relative. There was concern at the time that the Home Office had tightened the Rules too much.
The Rules require that:

  • The applicant must because of age, illness or disability require long-term personal care to perform everyday tasks.
  • The applicant must be unable, even with the practical and financial help of the UK relative, to get the required care in the country where they are living. This must be because it is not available and there is no person in that country who can reasonably provide it, or it is not affordable.

Home Office statistics bore out that concern. Since the Home Office changed the Rules, the average number of successful applications each year may have reduced by at least 93 per cent.
BritCits, a campaign group, challenged the current requirements. It brought a judicial review application. It argued the Rules defeated the purpose of the law under which they were made. It also argued the Rules raised expectations without there being any real possibility of the Rules being met! Its third argument was that the Rules interfered with family life.
However, the Court of Appeal has dismissed the challenge brought by BritCits to the High Court’s dismissal of the judicial review application.
Applicants applying in this category will have to make applications in the knowledge that their success rate is exceptionally low, and, despite a challenge to the Immigration Rules, the Rules will remain as drafted. Applicants will continue to have to pull together as much evidence as they can to show they meet the requirements. Although the Rules require scrutiny of the available care in the adult dependent relative’s home country, the Home Office will consider whether the care is reasonable for the applicant and of the required level for the applicant. This can include the psychological and emotional needs of elderly parents, for example. Such an approach could mean the difference in the outcome of an application for an adult dependent relative.
If BritCits pursues its challenge to the Supreme Court we will of course keep you informed.

Verity Buckingham

About Verity Buckingham

Verity is experienced in all aspects of employment law and corporate immigration matters. She deals mostly with corporate clients advising on contentious and non-contentious employment matters. Verity's contentious practice includes defending claims in the Employment Tribunal and experience of Employment Appeal Tribunal litigation in relation to claims of unfair dismissal, discrimination, equal pay and whistleblowing.

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