Can I Bring a Dependent Parent to the UK?

For people who move to the UK and establish their lives here, a common concern over time is whether an elderly or ailing parent can join them in the UK. With rules becoming stricter, many families question if this is possible. Understand if there is an immigration route for your situation.

Adult Dependent Relative Route or the EU Settlement Scheme?

There are two immigration routes which can be used to bring parents to the UK; the Adult Dependent Relative route or as a joining family member under the EU Settlement Scheme.

The correct route is determined by the status of the sponsor in the UK.

• British or settled sponsors (among others) apply under the Adult Dependent Relative route.
• EU or EEA nationals with pre-settled or settled status can apply to sponsor certain family members under the EU Settlement Scheme.

What is the Adult Dependent Relative Route?

The Adult Dependent Relative route is the option available for family members of British citizens, people with Indefinite Leave to Remain (including settled status), and those recognised as refugees or with protection status. 

The route is known to be very difficult, however if the requirements are met, it is a possible option. As the name suggests, this route is not limited to parents, it can also be used for grandparents, adult children and siblings. Refusals can be common due to the strict dependency test.

How can EU nationals sponsor family members?

For EU nationals in the UK, who hold status under the EU Settlement Scheme, it is possible to sponsor family members to join them or to remain with them in the UK. 
Family members who did not live in the UK before 31 December 2020 are treated as joining family members. This includes parents and any relatives in the ascending line, such as grandparents and great‑grandparents, however they must be ‘dependent’.  

EEA nationals with settled or pre‑settled status can technically apply under the Adult Dependent Relative route. However, in practice the dependency requirements are easier to meet under the EU Settlement Scheme.

What is dependency in immigration law?

For both routes you will have to meet the UK immigration definition of dependency, which differ according to the route.

Adult Dependent Relative – Dependency

For British citizen sponsors and those applying under the Adult Dependent Relative route, dependency means proving that the parent cannot perform everyday tasks without long-term personal care. Importantly, you must also show that the right kind of care is not available or affordable in the home country. This is often the hardest part, as the Home Office can argue that care could be arranged locally. Care does not necessarily mean medical care from professionals, the Home Office may question why another family member in the home country cannot provide that care.

EU Settlement Scheme – Dependency

The EU Settlement Scheme has its own definition of dependency. Under the EU Settlement Scheme, dependency is based on whether the parent relies on the sponsor to meet their essential living needs. 

The definition takes multiple factors into account, including the parent’s financial and social conditions as well as health needs.  This does not mean you have to demonstrate all of these. 

Your parent does not need to be ‘entirely’ dependent on you. The rules allow reliance “in part” on the sponsor for financial or other material support. This often applies where a parent has a pension or receives help from other adult children. 

Importantly, the EU Settlement Scheme does not require an assessment of why the parent is dependent. This is a key difference from the Adult Dependent Relative route, which requires the dependency to be a result of the parent’s age, illness or disability.

Which immigration route should I use?

Having to choose between these options is becoming more common as EEA nationals with settled status under the EU Settlement Scheme naturalise as British citizens. This is relevant if:

• A sponsor has both British citizenship and EUSS status.
• An elderly parent has two adult children (the sponsors) in the UK, one British and one EEA national with an EU Settlement Scheme status. 

There is a common misconception that the rules for British citizens are easier. In reality, the EU Settlement Scheme dependent parent route is usually more achievable because the test for dependency is easier to meet. 

If you are deciding which route to apply under to bring an elderly dependent to the UK, it is strongly advised that you seek legal advice before making an application.

Can I apply to bring both of my parents to the UK?

You can apply to bring both parents to the UK under the Adult Dependent Relative rules, only if they are applying at the same time. The rules do not allow you to bring a parent if they are in a ‘subsisting’ relationship with a partner who is not applying to come to the UK with them.

Under the EU Settlement Scheme, you can technically apply to bring both parents as there is no rule preventing this. However, you must show that both parents are dependent on the EEA national or the EEA national’s partner.

Where can I make an application?

Adult Dependent Relative route

• Must be made from outside the UK.
• A parent cannot switch into this route from a visitor visa.
• If the parent is already in the UK, the only alternative is making an application based on human rights grounds, usually under Article 8 (private and family life). This has a very high threshold and is not related to the Adult Dependent Relative rules. In addition, if the UK Government changes the definition of ‘family life’ under this Article in future it may no longer include parents, even if they are dependent on you. It can be very difficult to successfully apply under this route.

EU Settlement Scheme dependent parent Joining Family Member route

• Can apply for an EUSS family permit from outside of the UK.
• Applications can also be made inside the UK, however applications must be made within 3 months of arrival. Read more about EU Settlement Scheme developments. 
• That means a parent can switch into this route as a visitor in the UK.

What if the application is refused?

It is important to note that there is a high refusal rate for both routes. Under the Adult Dependent Relative route this is usually due to not meeting the threshold. Under the EU Settlement Scheme, it is usually due to not applying correctly or misunderstanding the definition.

Both routes have a right to Appeal, depending on where the applicant is on the date of decision the timelines are different. Read more about Appeals and Challenges.