PREP TASK 1
1. John Coppin asks you to prepare notes that address the
following key legal requirements that Elizabeth will have to
meet as Marcia’s adult dependent relative (ADR).
The care requirements in Appendix ADR paras 5.1 and 5.2
The financial requirements in Appendix ADR para 6.1 that
Elizabeth will be adequately maintained in the UK
The financial requirement in Appendix ADR para 6.1 that
Elizabeth will be adequately (i) accommodated and (ii) cared
for in the UK
Your notes must:
Explain whether or not Elizabeth may be able to meet each
requirement (identify facts which suggest the requirement may be met
“favourable facts” and facts that suggest the requirement may not be
met “unfavourable facts”
Explain what further instructions (including evidence) are needed in
order to assess whether or not any requirement may be met.
1. The care requirements in Appendix ADR paras 5.1 and 5.2
POINTS TO NOTE
430 of the TEXTBOOK [APPENDIX]
PAGE 90 OF THE TEXTBOOK
ADR 5.1: The applicant or if the applicant is applying as a parent or
grandparent, the applicants’ partner must as a result of age, illness or
disability require long term personal care to perform everyday tasks
ADR 5.2: Where the application is for entry, the applicant or if the
applicant is applying as a parent or grandparent, the applicants’
partner must be unable to obtain the required level of care in the
country where they are living even with the financial help of the
sponsor because either:
(a) The care is not available and there is no person who can reasonably
provide it OR –
(b)The care is not affordable
FAVOURABLE FACTS
ADR 5.1
Elizabeth is 60 years old [is age relevant?]
Has developed asthma [caused by living in damp, Mold-infested flat]
Elizabeth [i.e. the applicant], as a result of her poor mental/physical
health & she can no longer look after herself & therefore long-term
personal care to perform everyday tasks such as washing, dressing and
cooking.
, As per the facts, it states that two younger women that E lives with
have been helping her with cooking her, washing her and dressing her.
As per the Home Office Guidance ‘washing dressing and cooking’ are
considered everyday tasks [PAGE 90 TEXTBOOK]
Inability to carry out these tasks
It is stated that Elizabeth has difficulties looking after herself and that
the former flatmates helped to cook, wash and dress her, thus can
satisfy the dependency care needs requirement if she provides medical
evidence of her mental and physical condition that prevent here from
performing every-day task. This evidence must be certified by a doctor
(para 34, Appendix FM-SE)
ADR 5.2
This is an alternative for ADR 5.1 [if this cannot be satisfied
ADR 5.2 can be satisfied instead because ‘OR’]
The applicant is unable to obtain the required care in the country they
are living. This is evidenced in the facts because the girls she is living
with say ‘it is impossible for them to continue helping her. Whilst they
will continue to cook for her, they say it’s not for them continue to do
things like wash and dress her’.
Additionally, the only living relative E has in Jamacia is her brother, age
66 who is cares for his disabled wife full time and is not able to visit E
regularly/spare money to help her.
Provides that Elizabeth must be unable, even with the practical and
financial help of Marcia, to obtain the level of care she requires in
Jamaica because (a) it is not available and there is no person in
Jamaica who can reasonably provide it or (b) it is not affordable.
(a) Unfavourable facts
ADR 5.1
Nothing to suggest that the facts are unfavourable however evidence is
required.
ADR 5.2
Elizabeth’s flatmates are still providing some care [e.g. cooking for her]
– suggesting that she isn’t completely without care and that there
cares available.
PTN ON 5.2: The applicant must be unable to obtain the required care
in the country they are living . The applicant must be unable to obtain
even with the practical and financial help of the sponsor, the required
level of care in the country where they are living because it is not
available and there is no person in that country who can reasonably
provide it or it is not affordable. There is a significant burden of proof
upon the applicant to show that the required level of care is not
available in their country. The ECO will consider whether is any person
who can reasonably provide the required level of care. This is not
, limited to family members, but can include housekeepers or nurses etc,
whilst bearing in mind cultural factors.
Home Office Guidance suggests that whether a person can reasonably
provide care may require consideration of their location, their own
circumstances and other commitments and the willingness to provide
care. The level of care required will depend upon the circumstances
and the evidence in any given case
The provision of care must be reasonable from the perspective of the
provider and the applicant, and the standard must be what is required
for the particular applicant. Factors such as accessibility and
geographical location are taken into account
(b) What further instructions/evidence
ADR 5.1
Elizabeth [i.e. the applicant] supply evidence medical evidence from a
doctor/other health professional of her poor mental and physical health
to show that they cannot perform everyday tasks.
Medical evidence of her severe asthma and details of poor mental and
physical health.
Doctor/health professional in Jamacia [so they can be physically
examined]
With reference to her ‘poor mental/physical health, what is this
referring to? – what do they mean by poor mental/physical health?
What specific level of care is required? [this is not detailed on the facts]
What is the severity of her mental/physical health?
ADR 5.2
The ECO will country whether is any person can reasonably provide the
required level of care, and this can include family members,
housekeepers, nurses, etc.
Likely that there are other options for care in Jamaica?
The is likely care in JA through services [i.e. nursing home etc]
[important to note: they have to show they don’t have enough money
& have to maintain her [i.e. adequate care in the UK. when they come
to the UK which might be difficult to prove in the UK – this is a separate
point not necessarily for unfavourable]
What about the care provision in Jamacia for Elizabeth? What level of
care needs does she have? A home-help or housekeeper in her own
property? A nurse or carer? Care or nursing home?
There is a significant burden of proof where the applicant must show
that the required level of care is not available in their country (Osman).
This evidence could be provided by showing much care homes cost in
1. John Coppin asks you to prepare notes that address the
following key legal requirements that Elizabeth will have to
meet as Marcia’s adult dependent relative (ADR).
The care requirements in Appendix ADR paras 5.1 and 5.2
The financial requirements in Appendix ADR para 6.1 that
Elizabeth will be adequately maintained in the UK
The financial requirement in Appendix ADR para 6.1 that
Elizabeth will be adequately (i) accommodated and (ii) cared
for in the UK
Your notes must:
Explain whether or not Elizabeth may be able to meet each
requirement (identify facts which suggest the requirement may be met
“favourable facts” and facts that suggest the requirement may not be
met “unfavourable facts”
Explain what further instructions (including evidence) are needed in
order to assess whether or not any requirement may be met.
1. The care requirements in Appendix ADR paras 5.1 and 5.2
POINTS TO NOTE
430 of the TEXTBOOK [APPENDIX]
PAGE 90 OF THE TEXTBOOK
ADR 5.1: The applicant or if the applicant is applying as a parent or
grandparent, the applicants’ partner must as a result of age, illness or
disability require long term personal care to perform everyday tasks
ADR 5.2: Where the application is for entry, the applicant or if the
applicant is applying as a parent or grandparent, the applicants’
partner must be unable to obtain the required level of care in the
country where they are living even with the financial help of the
sponsor because either:
(a) The care is not available and there is no person who can reasonably
provide it OR –
(b)The care is not affordable
FAVOURABLE FACTS
ADR 5.1
Elizabeth is 60 years old [is age relevant?]
Has developed asthma [caused by living in damp, Mold-infested flat]
Elizabeth [i.e. the applicant], as a result of her poor mental/physical
health & she can no longer look after herself & therefore long-term
personal care to perform everyday tasks such as washing, dressing and
cooking.
, As per the facts, it states that two younger women that E lives with
have been helping her with cooking her, washing her and dressing her.
As per the Home Office Guidance ‘washing dressing and cooking’ are
considered everyday tasks [PAGE 90 TEXTBOOK]
Inability to carry out these tasks
It is stated that Elizabeth has difficulties looking after herself and that
the former flatmates helped to cook, wash and dress her, thus can
satisfy the dependency care needs requirement if she provides medical
evidence of her mental and physical condition that prevent here from
performing every-day task. This evidence must be certified by a doctor
(para 34, Appendix FM-SE)
ADR 5.2
This is an alternative for ADR 5.1 [if this cannot be satisfied
ADR 5.2 can be satisfied instead because ‘OR’]
The applicant is unable to obtain the required care in the country they
are living. This is evidenced in the facts because the girls she is living
with say ‘it is impossible for them to continue helping her. Whilst they
will continue to cook for her, they say it’s not for them continue to do
things like wash and dress her’.
Additionally, the only living relative E has in Jamacia is her brother, age
66 who is cares for his disabled wife full time and is not able to visit E
regularly/spare money to help her.
Provides that Elizabeth must be unable, even with the practical and
financial help of Marcia, to obtain the level of care she requires in
Jamaica because (a) it is not available and there is no person in
Jamaica who can reasonably provide it or (b) it is not affordable.
(a) Unfavourable facts
ADR 5.1
Nothing to suggest that the facts are unfavourable however evidence is
required.
ADR 5.2
Elizabeth’s flatmates are still providing some care [e.g. cooking for her]
– suggesting that she isn’t completely without care and that there
cares available.
PTN ON 5.2: The applicant must be unable to obtain the required care
in the country they are living . The applicant must be unable to obtain
even with the practical and financial help of the sponsor, the required
level of care in the country where they are living because it is not
available and there is no person in that country who can reasonably
provide it or it is not affordable. There is a significant burden of proof
upon the applicant to show that the required level of care is not
available in their country. The ECO will consider whether is any person
who can reasonably provide the required level of care. This is not
, limited to family members, but can include housekeepers or nurses etc,
whilst bearing in mind cultural factors.
Home Office Guidance suggests that whether a person can reasonably
provide care may require consideration of their location, their own
circumstances and other commitments and the willingness to provide
care. The level of care required will depend upon the circumstances
and the evidence in any given case
The provision of care must be reasonable from the perspective of the
provider and the applicant, and the standard must be what is required
for the particular applicant. Factors such as accessibility and
geographical location are taken into account
(b) What further instructions/evidence
ADR 5.1
Elizabeth [i.e. the applicant] supply evidence medical evidence from a
doctor/other health professional of her poor mental and physical health
to show that they cannot perform everyday tasks.
Medical evidence of her severe asthma and details of poor mental and
physical health.
Doctor/health professional in Jamacia [so they can be physically
examined]
With reference to her ‘poor mental/physical health, what is this
referring to? – what do they mean by poor mental/physical health?
What specific level of care is required? [this is not detailed on the facts]
What is the severity of her mental/physical health?
ADR 5.2
The ECO will country whether is any person can reasonably provide the
required level of care, and this can include family members,
housekeepers, nurses, etc.
Likely that there are other options for care in Jamaica?
The is likely care in JA through services [i.e. nursing home etc]
[important to note: they have to show they don’t have enough money
& have to maintain her [i.e. adequate care in the UK. when they come
to the UK which might be difficult to prove in the UK – this is a separate
point not necessarily for unfavourable]
What about the care provision in Jamacia for Elizabeth? What level of
care needs does she have? A home-help or housekeeper in her own
property? A nurse or carer? Care or nursing home?
There is a significant burden of proof where the applicant must show
that the required level of care is not available in their country (Osman).
This evidence could be provided by showing much care homes cost in
