Court of Appeal dismisses challenge to rules on Adult Dependent Relatives

The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368. On 9 July 2012, the Immigration Rules on parents, grandparents and other dependent relatives were fundamentally changed, making it virtually impossible for them to be admitted to the UK to join a carer. The main stumbling blocks are these paragraphs from Appendix FM: E-ECDR.2.4. The applicant or, if the applicant and their partner are the sponsor’s parents or grandparents, the applicant’s partner, must…

30th May 2017 By Colin Yeo

Court of Appeal reaffirms position on adult dependent relatives

In Butt v SSHD [2017] EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult dependent children in the Article 8 balancing exercise. It is notable – and this was the principle reason it managed to reach the Court of Appeal – because of the original decision of the First-Tier Tribunal (FTT) to make separate findings in relation to parents and those adult dependent children: allowing the appeals of the latter, while rejecting the former. The facts The Butt family arrived in the UK on 7 July 2004. They had been granted visit visas for a 6 month stay but did…

30th March 2017 By Nick Nason

Home Office reviews Adult Dependent Relatives rules for parents and grandparents

The Home Office has reviewed operation of the cruel Immigration Rules for Adult Dependent Relatives such as parents or grandparents introduced in July 2012. They are considered to be meeting their policy objectives and will not be changed, the review has concluded. Senior policy adviser Clive Peckover writes: As the note concludes, this reflects the policy intention of reducing burdens on the taxpayer while continuing to allow ADRs to settle here where their long-term personal care needs can only adequately be met in the UK by their sponsor here, without recourse to public funds. It is now virtually impossible for an adult dependent relative, typically a parent or grandparent, to succeed…

15th December 2016 By Colin Yeo

High Court finds Adult Dependent Relative rule lawful but opens door to individual challenges

The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application of Britcits) v Secretary of State for the Home Department [2016] EWHC 956 (Admin). Despite the disappointing outcome, though, there is a distinct silver lining to the judgment. For background reading on the rule, see this earlier blog post: The new immigration rules for Adult Dependant Relatives: out with the old… In short Mr Justice Mitting felt constrained to dismiss the application due to Aiken LJ’s judgment in MM (Lebanon) and if he had not been bound by that authority he would have declared the rule…

20th May 2016 By Colin Yeo

The new immigration rules for Adult Dependant Relatives: out with the old…

Following on from the earlier posts on the July 2012 changes to the Immigration Rules, this post looks at the imigration rules for adult dependent relatives. It will come as no surprise that the new rules raise the bar substantially for those seeking entry under this category. The change most likely to affect all applications is the need to now demonstrate that an applicant requires a level of long-term personal care which they are unable to get in their home country, either due to cost or availability. This makes it impossible for the parents, grandparents or other adult dependent relatives of British citizens and those present and settled in the UK to…

15th December 2015 By Colin Yeo

Hundreds support plea not to deport frail pensioner Myrtle Cothill

In an astonishing bit of hypocrisy, The Daily Express is campaigning for a 92 year old pensioner to be allowed to remain in the UK outside the Immigration Rules. Myrtle Cothill is, like hundreds of other “adult dependent relatives” (in the parlance of immigration control) at risk of being forced to live and die alone, apart from her only family. The Immigration Rules were amended in 2012 to make it virtually impossible for the parents or other adult relatives of British citizens and those settled in the UK to come to the UK. You can read about the requirements of the new ADR rules here. The result is the indignity…

24th November 2015 By Colin Yeo