FLR - Human Rights: My Expert Guide to In-Country Adult Dependent family members Applications.
- mgibson66
- Aug 26
- 5 min read
Updated: Sep 2
Author Biography
Marc Gibson, Regulated IAA Immigration Adviser & Director at MYG LTD
Hello, I'm Marc Gibson, and I've been a regulated immigration adviser for over 20 years. I founded MYG LTD to provide clear, empathetic, and expert guidance through the UK's complex immigration system. I've seen it all, from the small mistakes that can derail an application to the joy of a successful outcome. I believe that behind every visa application is a real person with a real dream, and my job is to help you achieve it.
Navigating the process of bringing an overseas parent or adult dependent relative to the UK on visa can feel like an overwhelming challenge. You've likely heard stories of complex rules, emotional setbacks, and outright refusals. My aim with this guide is to provide you with a clear, empathetic roadmap based on my 20 years of experience. We will explore the critical distinctions, common pitfalls, and what it truly takes to make a successful application.
Your first critical choice:
The First Critical Choice: Out-of-Country or In-Country family members applications? 🎯
This is the most crucial decision you will face, and getting it wrong can lead to an immediate refusal. You cannot simply apply to bring a elderly dependent to the UK from within the country, so understanding the difference between the standard visa route and a human rights claim is paramount.
The Out-of-Country Route:
The Adult Dependent Relative (ADR) Visa: The standard ADR visa can only be submitted from outside the UK. This is a key entry clearance requirement that is often misunderstood. The UKVI designed this route for individuals who, due to age, illness, or disability, require a level of long-term care that can only be provided by their relative in the UK.
The In-Country Route:
The Further Leave to Remain (FLR) - Human Rights Claim: This article's main focus is on the Further Leave to Remain (FLR) under the Human Rights category. This application is distinct and operates on a different legal basis, typically when it would be unreasonable for the dependent to be expected to leave the UK. I cannot emphasize enough that you should not enter the UK on a visitor visa with the intention of switching to this category, as this would likely lead to refusal.
The Core Application Requirements: Proving Uniqueness 📄
Whether you are applying for an ADR visa or an FLR Human Rights visa, the burden of proof is very high. The Home Office wants to see that your circumstances are truly exceptional and that the long-term care you need cannot be met elsewhere.
The "Sole Provider of Care" Test
You must demonstrate two things:
A Genuine Need for Care: The applicant, due to age, illness, or disability, requires long-term personal care.
No Other Reasonable Option: That care cannot be obtained or afforded in their home country, even with the UK sponsor's financial help, and there is no person in that country who can reasonably provide it.
My Expert Guidance on Evidence
Going beyond a list of documents, my advice is to build a compelling narrative with your evidence.
Medical Reports: Provide a detailed account of the dependent's medical history, showing how their needs have progressed.
Proving Lack of Local Care: Demonstrate why the necessary care is unavailable or unaffordable in their own country. This can include evidence of long waiting lists for public care or the prohibitive cost of private care.
Demonstrating No Other Provider: This is often the most challenging requirement. You must show that there is no other close family member (such as a spouse, son, daughter, brother, or sister) in the home country who can reasonably provide the care.
Understanding Your Application Route
Each application route has its own specific requirements, and getting the details right is crucial.
Out-of-Country (Entry Clearance) Application Requirements
Sponsor Eligibility: The UK sponsor must be either a British citizen, an Irish citizen, or a settled person with Indefinite Leave to Remain (ILR) or settled status.
Applicant Age: The applicant must be at least 18 years old.
Financial Requirements: The sponsor must show they can financially support and accommodate the dependent without recourse to public funds, meeting the Adequate Maintenance & Accommodation criteria.
TB Certificate: A Tuberculosis (TB) certificate is mandatory for all ADR visa applications.
Correct Submission: The application must be submitted from outside the UK.
In-Country (Further Leave to Remain) Application Requirements
In-Country Applicants: You must be physically in the UK at the date of submission. This route is typically for those who have previously held a valid ADR visa.
Human Rights Claim: If you do not meet the standard ADR requirements, you may be able to apply on the basis of a human rights claim (Article 8 of the ECHR), but this is for exceptional circumstances only and is often a reason why an application may be rejected and sent to the Upper Tribunal Chamber.
Common Pitfalls & The Reality of the Appeal Process
In my years of practice, I've seen common mistakes that can lead to an application being refused, even when the applicant is eligible. Avoiding these pitfalls is a crucial part of a successful application.
Incorrect Application Route: One of the biggest mistakes is applying from within the UK when you should be applying from overseas.
Insufficient Evidence: A few photos or a single letter from a doctor are not enough. You must provide robust, well-organized evidence that tells your complete story.
Failing the Financial Test: The Adequate Maintenance test can be complex. You must demonstrate that you have the income to support everyone in the household without public funds.
The Reality of UKVI Decisions & The Upper Tribunal Chamber
It is a difficult but important truth that, in many cases, initial ADR applications and FLR - Human Rights applications are refused, regardless of how strong a case you build. The UKVI often refuses these submissions and forwards them to the Upper Tribunal Chamber for appeal.
This process may appear to be a strategic one on the part of the Home Office. By allowing the case to be reviewed by a judging panel at the Upper Tribunal Chamber, the final decision is made by an independent authority, rather than by the caseworkers within the UKVI. This means that a caseworker's initial refusal is not the end of the road. Instead, it is often a step in a longer legal process designed to get a final, binding decision. Understanding this from the outset can help manage your expectations and prepare you for what may come next.
Understanding Your Visa & Settlement
Entry Clearance & FLR: When applying from outside the UK, you will normally receive an entry clearance vignette in your passport allowing you to travel to the UK. This is typically issued for a 90-day period. The previous Biometric Residence Permit (BRP) card has been replaced by a digital immigration status, known as a UKVI e-visa account, which is linked to your passport document. This allows for entry into the UK using the e-gates. An in-country extension is normally for 30 months.
Pathway to Permanent Residence: The earliest you can apply for Indefinite Leave to Remain (ILR) is after a continuous period of 60 months. After receiving ILR, you must hold this status for 12 months before becoming eligible to naturalise as a British citizen.
For Advice and Support get in touch
Disclaimer: The information provided above is for general purposes only relating to Immigration visa application procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth advice and assistance. All enquiries receive a free initial application assessment to clarify how you meet the general application requirements of the above application route.
Comments