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ILR As Adult Dependent Relative (ADR)

You can apply for ILR as an adult dependent relative (ADR) if you were granted limited leave to remain in the UK as Adult Dependant Relative (ADR) and your sponsor (refugee or person with humanitarian protection leave) has now become settled (obtained ILR) or has applied for ILR.

Requirements For ILR As Adult Dependent Relative (ADR)

The requirements for Indefinite Leave to Remain (ILR) as an adult dependant relative are set out in section R-ILRDR of Appendix FM of the Immigration Rules.

Section R-ILRDR: Requirements for indefinite leave to remain as an adult dependent relative

R-ILRDR.1.1. The requirements to be met for indefinite leave to remain as an adult dependent relative are that-
(a) the applicant is in the UK;
(b) the applicant must have made a valid application for indefinite leave to remain as an adult dependent relative;
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability- indefinite leave to remain (see below); and
(d) the applicant must meet all of the requirements of Section E-ILRDR: Eligibility for indefinite leave to remain as an adult dependent relative.

Section E-ILRDR: Eligibility for indefinite leave to remain as an adult dependent relative

E-ILRDR.1.1. To qualify for indefinite leave to remain as an adult dependent relative all of the requirements of paragraphs E-ILRDR.1.2. to 1.5. must be met.
E-ILRDR.1.2. The applicant must be in the UK with valid leave to remain as an adult dependent relative (disregarding any period of overstaying for a period of 28 days or less).
E-ILRDR.1.3. The applicant’s sponsor must at the date of application be

(a) present and settled in the UK; or
(b) in the UK with refugee leave or as a person with humanitarian protection and have made an application for indefinite leave to remain.

E-ILRDR.1.4. The applicant must provide evidence that they can be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds. E-ILRDR.1.5. The applicant must provide an undertaking signed by the sponsor confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for their maintenance, accommodation and care, for a period ending 5 years from the date the applicant entered the UK with limited leave as an adult dependent relative.

Section S-ILR: Suitability:

S-ILR.1.1. The applicant will be refused indefinite leave to remain on grounds of suitability if any of paragraphs S-ILR.1.2. to 1.9. apply.

S-ILR.1.2. The applicant is at the date of application the subject of a deportation order.

S-ILR.1.3. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.

S-ILR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 15 years has passed since the end of the sentence.

S-ILR.1.5. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence.

S-ILR.1.6. The applicant has, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

S-ILR.1.7. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.

S-ILR.1.8. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-ILR.1.3. to 1.6.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.

S-ILR.1.9. The applicant has failed without reasonable excuse to comply with a requirement to-

(a) attend an interview;

(b) provide information;

(c) provide physical data; or

(d) undergo a medical examination or provide a medical report.

S-ILR.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-ILR.2.2. to 2.4. apply.

S-ILR.2.2. Whether or not to the applicant’s knowledge –

(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or

(b) there has been a failure to disclose material facts in relation to the application.

S-ILR.2.3. One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.

S-ILR.2.4. A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.

S-ILR.3.1. When considering whether the presence of the applicant in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.”.

How Can We Help?

Our expert team of ILR solicitors specialise in ILR applications. If instructed to represent you regarding your application for ILR as adult dependent relative (ADR), we will carry out all the work on your application until a decision is made by the Home Office UKVI on your ILR application. The immigration casework to be carried out by our expert team of ILR solicitors will include the following:

  • Assessing your eligibility for ILR as an adult dependent relative by considering all your personal circumstances;
  • Advising you on the weaknesses and strengths of your ILR application as an adult dependent relative;
  • Advising you on the relevant documents to be submitted in support of your ILR application;
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
  • Completing and submitting the online application form to apply for ILR as an adult dependent relative by gathering all the relevant information from you and your sponsor;
  • Helping you with paying the ILR application fee online;
  • Booking your appointment with the application centre for enrolment of biometrics;
  • Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the dependency of the applicant on the sponsor and other relevant factors pertaining to the ILR application;
  • Preparing a detailed cover letter to introduce and support your ILR application;
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
  • Liaising with the Home Office UKVI for a timely decision on your ILR application.

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