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In 2020, as the first COVID-19 wave hit us, a series of lockdowns were imposed nationwide and a huge number of daily wage & caretaker workers left for their hometown. This impacted many households that were majorly dependent on their helpers for everyday functioning. Not too long ago, a client got in touch with us, she is a British citizen and wanted to take her sick mother to the UK. She faced a refusal on her past application and was left with very little hope.

In this case, we have discussed how The SmartMove2UK has handled a refusal case and successfully filed an Appeal for a UK Adult Dependent Relative Visa. We ensured our advice and full representation service would get a UK Entry Clearance Visa for the client’s mother.

Note: *(The name and other details of the clients have been changed for confidentiality purposes)*

Anandi (the main applicant) is a British national who was living and working in India at the time. She had a full-time job here and looked after her mother, who had severe health concerns.

Due to COVID-19 and the lockdown in India in March 2020, the 2 caretakers appointed for Anandi’s mother had left for their hometown and since then, it was difficult to find another person who would look after her mother. That’s when she decided to bring her mother to the UK so she could take care of her. She then filed an entry clearance application for her mother to join her in the UK as an Adult Dependant Relative.

But her Adult Dependent Relative Visa UK application got a Refusal by the Home Office in September 2020. Reasons stated – the applicant has not been able to demonstrate that care is not available and there is no person in the home country (India) who can reasonably provide it, or it is not affordable.

After receiving a Adult Dependent Relative Visa UK refusal, Anandi approached us to ask if we could help her with the case and file for an Administrative Review, to turn the decision in her favour.

You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.

You can ask for your application to be reviewed if one of the following applies:

• Your application was refused
• Your application was granted but you’re unhappy with the amount or conditions of your leave

You may be able to appeal if you’re not eligible for an administrative review.

You can only ask for an administrative review if all of the following applies:

• you’re outside the UK
• you applied outside the UK
• your application was refused on or after 6 April 2015
• you do not have a right of appeal against the refusal
• you did not make an application as a short term student or a visitor (except if you applied as an S2 Healthcare Visitor)

You can ask for the decision to be reviewed if your visa was cancelled for one or more of the following reasons

• there has been a change in your circumstances
• you gave false information
• you failed to include relevant facts

• As we reviewed every detail of Anandi’s case and her previous application, we understood the loops that made her application weak and got her a refusal.
• Her past application did not mention how COVID-19 had impacted care for her mother in India and the 2 caretakers had left to return to their villages at the onset of the lockdown.
• Anandi’s mother was recently admitted to the hospital and showed signs of brain deterioration.
• She has a family in the UK too and this situation had taken a toll on Anandi’s family life.
• The SmartMove2UK’s UK-qualified Solicitor advised and provided full representation for her appeal request on the missing grounds to make her case stronger.
• We advised she applied for a UK Adult Dependent Relative Visa for her mother, as she would be coming to be cared for.
• She would need to prove that the mother is Adult Dependant Relative and needs long-term care to do everyday personal and household tasks.
• Also, the care she needs is not available and affordable in India. And Anandi will be able to support, accommodate and care for her mother in the UK without claiming public funds for at least 5 years.
• These grounds made Anandi’s case strong and demonstrated her purpose very clear to the Home Office.
• Along with other valid documents to evidence her case, we have a UK Visa Administrative Review Successful outcome for UK Adult Dependent Relative Visa
• We were successful in getting the decision in our client’s favour, who is now very happy and living in the UK with her family and her mother, whom she looks after.

If your UK Administrative Review application is successful, then the original decision made by the UK Home Officement Department will be overturned.