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Accommodation requirement for Spouse Visa application

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anonymoususer
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Accommodation requirement for Spouse Visa application

Post by anonymoususer » Thu Jan 02, 2020 5:06 pm

Hello,

I am a British citizen and married recently to a non EU person.

I am now planning to get my wife to UK.

I live in a rented property(House share) which is not suitable for couples. I am planning to rent a single bedroom house/flat for us both to live.

My question is: Do I need to *move into* a single bedroom property before I make Spouse visa application and provide a tenancy agreement with the visa application
or
Can I also get a tenancy agreement which says "tenancy start from say(March 2020)" by which time visa might have processed?

Basically, I dont want to rent a single bedroom property(which is expensive than my current house share rent) and pay for it for 3 months until my wife arrives.

Many Thanks

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Re: Accommodation requirement for Spouse Visa application

Post by Amber » Thu Jan 02, 2020 7:04 pm

The accommodation should be adequate (click) when applying.
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seagul
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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Thu Jan 02, 2020 7:08 pm

There are not expected to be any further new entry clearance applications for partners under
Part 8 in the family route, although there may be ongoing appeals which may need to
consider the approach to prospective accommodation. Accommodation for the couple may be
prospective rather than available on arrival because the marriage or civil partnership has not
yet taken place. The decision maker must be satisfied that adequate permanent
accommodation will be available after the marriage or the civil partnership has taken place
and that adequate temporary accommodation will be available in the meantime, e.g. provided
by family or friends. Evidence relating to the temporary address and the proposed long term
address after marriage or civil partnership should be provided with the entry clearance
application as a fiancé(e) or proposed civil partner. An entry clearance application may be
refused if the temporary or proposed long term address is not considered to be adequate
accommodation. An application made after the marriage or civil partnership has taken place
should not rely on prospective accommodation.
Accommodation should not generally be
prospective in child applications made under Part 8.
https://assets.publishing.service.gov.u ... nnex_F.pdf
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

anonymoususer
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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Fri Jan 03, 2020 10:55 am

Thank you both for that information.

I am living in a 5 bedroom house with two toilets and we are 5 adults living in it at the moment. I guess this won't be considered as an overcrowded house.

I just spoke to my landlord and she is happy to issue me a no objection letter for my wife to join me at the current property. I rent a double bedroom in this property.

Any thoughts on going ahead with the spouse visa application by submitting my current house details(tenancy agreement and no objection letter from the landlord) to fulfill the accommodation requirements?

Thanks again.

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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Fri Jan 03, 2020 2:30 pm

anonymoususer wrote:
Fri Jan 03, 2020 10:55 am
.

Any thoughts on going ahead with the spouse visa application by submitting my current house details(tenancy agreement and no objection letter from the landlord) to fulfill the accommodation requirements?

Thanks again.
And property inspection report
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Sat Jan 04, 2020 3:13 pm

Great, thank you :)

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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Tue Jan 14, 2020 4:45 pm

Hello again,

Just been reading "Part 8: Annex F Adequate Maintenance & Accommodation" document.
https://assets.publishing.service.gov.u ... nnex_F.pdf


According to that document, my current house is a HMO. For HMO, it says:

"There are separate overcrowding provisions for HMOs. Local authorities have the power to
serve an overcrowding notice in relation to a HMO specifying the maximum number of people
permitted in the house or preventing any further residents. Where an overcrowding notice
renders an occupant homeless, the local authority may be obliged to provide them with
accommodation under the Housing Act 1985, e.g. if they have dependent children or are old
or infirm. Such accommodation would count as recourse to public funds under the
Immigration Rules. In the case of HMOs, it may be necessary for the decision maker to obtain
written confirmation from the local authority that there is no objection to an additional resident
moving in."


Who exactly is this local authority? Local council?

I have arranged for an appointment with a private surveyor who does house inspection reports for Immigration purposes.

Is that OK or should it definitely be from a local authority/council?


Many Thanks

anonymoususer
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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Tue Jan 14, 2020 4:51 pm

Hello again,

Just been reading "Part 8: Annex F Adequate Maintenance & Accommodation" document.

According to that document, my current house is a HMO. For HMO, it says:
"There are separate overcrowding provisions for HMOs. Local authorities have the power to
serve an overcrowding notice in relation to a HMO specifying the maximum number of people
permitted in the house or preventing any further residents. Where an overcrowding notice
renders an occupant homeless, the local authority may be obliged to provide them with
accommodation under the Housing Act 1985, e.g. if they have dependent children or are old
or infirm. Such accommodation would count as recourse to public funds under the
Immigration Rules. In the case of HMOs, it may be necessary for the decision maker to obtain
written confirmation from the local authority that there is no objection to an additional resident
moving in."
Who exactly is this local authority? Local council?

I have arranged for an appointment with a private surveyor who does house inspection reports for Immigration purposes.

Is that OK or should it definitely be from a local authority/council?


Many Thanks

TODMATT
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Re: Accommodation requirement for Spouse Visa application

Post by TODMATT » Tue Jan 14, 2020 5:00 pm

anonymoususer wrote:
Tue Jan 14, 2020 4:51 pm
Hello again,

Just been reading "Part 8: Annex F Adequate Maintenance & Accommodation" document.

According to that document, my current house is a HMO. For HMO, it says:
"There are separate overcrowding provisions for HMOs. Local authorities have the power to
serve an overcrowding notice in relation to a HMO specifying the maximum number of people
permitted in the house or preventing any further residents. Where an overcrowding notice
renders an occupant homeless, the local authority may be obliged to provide them with
accommodation under the Housing Act 1985, e.g. if they have dependent children or are old
or infirm. Such accommodation would count as recourse to public funds under the
Immigration Rules. In the case of HMOs, it may be necessary for the decision maker to obtain
written confirmation from the local authority that there is no objection to an additional resident
moving in."
Who exactly is this local authority? Local council?

I have arranged for an appointment with a private surveyor who does house inspection reports for Immigration purposes.

Is that OK or should it definitely be from a local authority/council?


Yes that is fine but I would make sure the individual is register with the Royal Institution of Chartered Surveyors although I have personally used hussain design for my inspection report in the past and it was fine.

Many Thanks
My opinions should not be constituted as an immigration or legal advice.

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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Tue Jan 14, 2020 6:12 pm

anonymoususer wrote:
Tue Jan 14, 2020 4:51 pm
Hello again,

Just been reading "Part 8: Annex F Adequate Maintenance & Accommodation" document.

According to that document, my current house is a HMO. For HMO, it says:
"There are separate overcrowding provisions for HMOs. Local authorities have the power to
serve an overcrowding notice in relation to a HMO specifying the maximum number of people
permitted in the house or preventing any further residents. Where an overcrowding notice
renders an occupant homeless, the local authority may be obliged to provide them with
accommodation under the Housing Act 1985, e.g. if they have dependent children or are old
or infirm. Such accommodation would count as recourse to public funds under the
Immigration Rules. In the case of HMOs, it may be necessary for the decision maker to obtain
written confirmation from the local authority that there is no objection to an additional resident
moving in."
Who exactly is this local authority? Local council?

I have arranged for an appointment with a private surveyor who does house inspection reports for Immigration purposes.

Is that OK or should it definitely be from a local authority/council?


Many Thanks
Any reasonably established surveyor can prepare the house inspection report. It can also be prepared by local council who usually charge considerably higher and not all councils offer that.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

anonymoususer
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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Thu Jan 16, 2020 10:20 am

Thank you all.

One more question:
I spoke to my landlord yesterday and she said she doesn't have an HMO license.

She is happy to give me a NOC letter and happy for a private surveyor to come in and create an inspection report.

So, I am going to have:
1) Tenancy agreement
2) NOC letter from landlord
3) An inspection report from the private surveyor
4) Title deed that the property belongs to my landlord

The only issue is that the house doesn't have an HMO license. It is a 5 bedroomed property and at the moment there are 4 tenants(including me) are living in it.

Would that be a problem?


Many Thanks

TODMATT
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Re: Accommodation requirement for Spouse Visa application

Post by TODMATT » Thu Jan 16, 2020 10:40 am

anonymoususer wrote:
Thu Jan 16, 2020 10:20 am
Thank you all.

One more question:
I spoke to my landlord yesterday and she said she doesn't have an HMO license.

She is happy to give me a NOC letter and happy for a private surveyor to come in and create an inspection report.

So, I am going to have:
1) Tenancy agreement
2) NOC letter from landlord
3) An inspection report from the private surveyor
4) Title deed that the property belongs to my landlord

The only issue is that the house doesn't have an HMO license. It is a 5 bedroomed property and at the moment there are 4 tenants(including me) are living in it.

Would that be a problem?


Many Thanks
1. Yes
2. Yea
3. Yes
4. Not needed as you’re renting from the landlord so 1 should cover that.
My opinions should not be constituted as an immigration or legal advice.

anonymoususer
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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Thu Jan 16, 2020 11:17 am

Hi Todmatt,

Thanks for the reply.

Property doesn't have an HMO license. Would that be a problem?


Thanks

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Re: Accommodation requirement for Spouse Visa application

Post by TODMATT » Thu Jan 16, 2020 11:53 am

anonymoususer wrote:
Thu Jan 16, 2020 11:17 am
Hi Todmatt,

Thanks for the reply.

Property doesn't have an HMO license. Would that be a problem?


Thanks
Not in my view, as ECO will Access your evidence to check if the property is overcrowded see.

6. MAA6 Accommodation: general requirements
The ECO must be satisfied as to:

The availability and adequacy of accommodation (see MAA14 below).


That (where applicable) the permission of the owner of the accommodation has been given

No additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds. (see guidance on public funds - MAA2).

https://www.gov.uk/government/publicati ... ion-maa--2
My opinions should not be constituted as an immigration or legal advice.

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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Thu Jan 16, 2020 12:06 pm

anonymoususer wrote:
Thu Jan 16, 2020 11:17 am


Property doesn't have an HMO license. Would that be a problem?


Thanks
Without HMO licence it will be illegal to keep tenants and may effect the application (if known).

12.2 Houses in multiple occupation
Separate overcrowding regulations exist for houses in multiple occupation (HMO). These include houses occupied by persons not forming a single household. This wide definition covers not only hotels and hostels but also houses lived in by 2 or more couples of different generations where they do not share common facilities.

Local authorities have the power to serve an overcrowding notice in respect of an HMO to specify the maximum number of people who may sleep per room. The local authority can also set a limit on the number of people in a house, or prevent further new residents, and require the provision of extra facilities
https://www.gov.uk/government/publicati ... ion-maa--2
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Re: Accommodation requirement for Spouse Visa application

Post by Amber » Sat Feb 01, 2020 6:18 am

anonymoususer wrote:
Fri Jan 31, 2020 11:27 pm
Hello,


Does anyone know what the UK immigration policy is about arranged marriages? Will it be a problem with Spouse visa relationship requirements?


Thanks
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Re: Accommodation requirement for Spouse Visa application

Post by Amber » Sat Feb 01, 2020 6:20 am

See Partners, divorce and dissolution.

In an arranged marriage, the family of both spouses take the leading role in arranging the marriage, but the choice of whether to accept the arrangement remains with the prospective spouses. This form of marriage is acceptable in the UK where both parties are free to decide whether to proceed with the marriage.

There is a clear distinction between a forced marriage and an arranged marriage. It is important that you understand the difference between the 2.
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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Sat Feb 01, 2020 8:11 am

Thank you.

One more question:
I got an increment in my salary recently. I have the latest payslip(with salary increment) but the monthly bank statement with that particular transaction is due only in next 20 days.

Should I wait for that monthly statement or can I print the lastest transactions(which includes new salary) and get it signed and stamped from the bank?

Thank you

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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Sun Feb 02, 2020 1:52 am

anonymoususer wrote:
Sat Feb 01, 2020 8:11 am


Should I wait for that monthly statement or can I print the lastest transactions(which includes new salary) and get it signed and stamped from the bank?

Thank you
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Sun Feb 02, 2020 6:14 pm

Hello,

Update: I spoke to the bank and they ordered the latest statement until today.

So, I have 6 months' statements + another statement covering 10 days(this includes my salary entry). All on official bank paper.

1) Would that be OK?
2) Also, I was told HSBC doesn't stamp on the statements anymore. Did anyone else had this issue before?
3) There is a lot of confusion about the procedure of the documents submission process. Online documentation about document submission is not great. From what I gather,
3a) We could use VFS site to upload the documents(but I see a lot of complaints about this. People say ECO contacted them about missing documentation even though they are sure they uploaded them using this process)
3b) Walk into a nearby UK center and get the documents scanned there for £75.
3c) Post the documents to the spouse to scan them overseas at the biometric center.
Any experiences with this? Did anyone have issues with 3a?


Thank you

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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Mon Feb 03, 2020 11:20 am

Hey guys,

Could anyone answer my previous query, please?

Thank you

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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Wed Feb 05, 2020 10:28 am

Seagul, Amber and Todmatt?? Could you comment on the question I have about the statements, please?

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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Wed Feb 05, 2020 9:38 pm

anonymoususer wrote:
Sun Feb 02, 2020 6:14 pm
Hello,

Update: I spoke to the bank and they ordered the latest statement until today.

So, I have 6 months' statements + another statement covering 10 days(this includes my salary entry). All on official bank paper.

1) Would that be OK?
2) Also, I was told HSBC doesn't stamp on the statements anymore. Did anyone else had this issue before?
3) There is a lot of confusion about the procedure of the documents submission process. Online documentation about document submission is not great. From what I gather,
3a) We could use VFS site to upload the documents(but I see a lot of complaints about this. People say ECO contacted them about missing documentation even though they are sure they uploaded them using this process)
3b) Walk into a nearby UK center and get the documents scanned there for £75.
3c) Post the documents to the spouse to scan them overseas at the biometric center.
Any experiences with this? Did anyone have issues with 3a?


Thank you
1. Yes
2. Maybe other branch/banker do it.
3. Now the only way to apply is via online.
3a, 3b,3c) Search the board as there are several threads
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Re: Accommodation requirement for Spouse Visa application

Post by anonymoususer » Sat Feb 08, 2020 10:23 am

Thank you Seagul.

Another tricky situation:

I have a tenancy agreement, house inspection report and NOC letter from my landlord.

I have been paying my landlord by cash and there were few instances where I paid by bank transfer and it is evident in the bank statements.

In support of the above documents, should I also submit the "Register of Title" document?

I ask this because my landlord who is very old has transferred the ownership of the house to her son and the "Register of Title" has got only her son's name in it.

I also have "Transfer of Register titles" document which shows it has been transferred from parent(whom I have been paying my rent to) to son with their names in it.

Should I edit NOC, and tenancy agreement to include both parent and son name and get it signed by both? At the moment, they have only parent name in it.


Thank you!

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Re: Accommodation requirement for Spouse Visa application

Post by seagul » Sat Feb 08, 2020 12:24 pm

anonymoususer wrote:
Sat Feb 08, 2020 10:23 am
.

In support of the above documents, should I also submit the "Register of Title" document?
No
anonymoususer wrote:
Sat Feb 08, 2020 10:23 am

Should I edit NOC, and tenancy agreement to include both parent and son name and get it signed by both? At the moment, they have only parent name in it.


Thank you!
If you wish then yes you can for own peace of mind.
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