Adequate Accommodation Requirement - for Spouse Visa

[Bucki]

Code: Select all

[b]Adequate Accommodation Requirement[/b]

The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

> it is, or will be, overcrowded; or
> it contravenes public health regulations.

Source: sunrisesolicitors.co.uk/family-members-of-settled-persons/uk-spouse-visa/entry-clearance-as-a-spouse

if this is TRUE; then I am screwed!!

Indeed, I have my own doublebed at my parents!
They are due to Illnes on Benefit and live in a Housing Association.

- I do not pay *actual* rent (sure I help them out etc - cash)
- they pay the council tax

Am I really in trouble now ????
Does it mean that they can refuse based on the above statement?!

Letters from Housing Assos.
- stating that the house is big enough and that she can move in without being overcrowded.
- a letter from my parents that they are fine with my wife to move in.


Please advise!

[Casa]

As long as the Housing Association as landlords agree to your wife joining the household and you can show the accommodation won't be overcrowded, it should be acceptable.

[Bucki]

As long as the Housing Association as landlords agree to your wife joining the household and you can show the accommodation won't be overcrowded, it should be acceptable.

it should be acceptable < is rather a subjective matter.
I am hoping this will not cause an issue as then the refusal will take up to 6 month!

Is the "immigration housing inspection" a requirement in my case?
Also, will I have to present any of the "council tax" papers ... ?


ps: trying to find a site where it states ALL the docs I need to present, for me and my wife!

cheers

[Casa]

As long as the Housing Association as landlords agree to your wife joining the household and you can show the accommodation won't be overcrowded, it should be acceptable.

it should be acceptable < is rather a subjective matter.
I am hoping this will not cause an issue as then the refusal will take up to 6 month!

Is the "immigration housing inspection" a requirement in my case?
Also, will I have to present any of the "council tax" papers ... ?


ps: trying to find a site where it states ALL the docs I need to present, for me and my wife!

cheers

This is the UKVI official site: https://www.gov.uk/join-family-in-uk/overview

The reason I've used the word 'should' is that without knowing how many people are staying in the accommodation, I've erred on the side of caution.
Is your concern about 'council tax papers' due to not being registered at the property due to your parents' benefits? If so, you do have a problem as the case worker will check.
Are you earning at least £18,600 per annum or have savings over £16,000 to make up any shortfall?

[Bucki]

This is the UKVI official site: https://www.gov.uk/join-family-in-uk/overview

The reason I've used the word 'should' is that without knowing how many people are staying in the accommodation, I've erred on the side of caution.
Is your concern about 'council tax papers' due to not being registered at the property due to your parents' benefits? If so, you do have a problem as the case worker will check.
Are you earning at least £18,600 per annum or have savings over £16,000 to make up any shortfall?

Actually to your question "if I am not registered in the council tax"
Matter of fact, as from what I know, my name is included in the council tax as well.

I also earn over £20K a year BUT I do not pay council tax, < this is what I am asking
if this could case an issue ?!

- firstly received a 18month contract and then after 4 month I received permanent contract!
I am on 20K + Benefit = coming to £24K a year < that includes the taxes

[Casa]

This is the UKVI official site: https://www.gov.uk/join-family-in-uk/overview

The reason I've used the word 'should' is that without knowing how many people are staying in the accommodation, I've erred on the side of caution.
Is your concern about 'council tax papers' due to not being registered at the property due to your parents' benefits? If so, you do have a problem as the case worker will check.
Are you earning at least £18,600 per annum or have savings over £16,000 to make up any shortfall?

Actually to your question "if I am not registered in the council tax"
Matter of fact, as from what I know, my name is included in the council tax as well.

I also earn over £20K a year BUT I do not pay council tax, < this is what I am asking
if this could case an issue ?!

- firstly received a 18month contract and then after 4 month I received permanent contract!
I am on 20K + Benefit = coming to £24K a year < that includes the taxes

I wasn't asking if you're registered for council tax, but whether you're registered at the property. i.e with the Housing Association. It doesn't matter who pays the council tax. What category of benefits (Public Funds) are you currently claiming?

[Bucki]

I wasn't asking if you're registered for council tax, but whether you're registered at the property. i.e with the Housing Association. It doesn't matter who pays the council tax. What category of benefits (Public Funds) are you currently claiming?

Yes, yes we (4 members of the family; parents myself and my brother) are in the property.
The property is under my mothers name and surely we are registered in the property from the beginning.

I am not receiving any benefits
My mom is on benefit and my dad is the carer.

I am on this current job since mid of March and by end of this month; it is my 6th payment.
My aim is to start the Visa Application by the 1st week of October.

Intention is to do asap. due to my wife passed her Eng Exam in March 2014 and is valid till 5th Nov 2015

[Casa]

This is what confused me regarding benefits: "I am on 20K + Benefit = coming to £24K a year"

As there are four of you living in the property, it would be wise to ask the Housing Association to confirm adequate accommodation once your wife joins you. I assume you are saying 'from the beginning' means that the accommodation was initially provided by the HA for four occupants and not just for your parents?
As I mentioned earlier, it will be mandatory for the HA to provide a letter agreeing to your wife joining the household.

[Bucki]

This is what confused me regarding benefits: "I am on 20K + Benefit = coming to £24K a year"

As there are four of you living in the property, it would be wise to ask the Housing Association to confirm adequate accommodation once your wife joins you. I assume you are saying 'from the beginning' means that the accommodation was initially provided by the HA for four occupants and not just for your parents?
As I mentioned earlier, it will be mandatory for the HA to provide a letter agreeing to your wife joining the household.

Hi Casa

thanks for ur time and effort

From the beginning > meaning: since we moved in (as a family)
At that point, my other lived with us as well in total of 5 but he left a while back!

The house has 2 double rooms + 1 single + living room + kitzhen + 2 toilets (1 of it bathroom)
It is big enough for 5 people.

I also spoke to H.A a while back just to get a hint and asked if they could provide a letter stating that my wife can move in, and their reply was "yes we can do so, just get back in touch with us"

Now, is he "immigration housing inspection" a requirement?

[Casa]

Ask the Housing Association to state how many rooms and current occupants there are in the property when they give you written consent for your wife to live there.

[Bucki]

Ask the Housing Association to state how many rooms and current occupants there are in the property when they give you written consent for your wife to live there.

Oh ok, that was my thought as well

Thanks

[cool mind]

How about if someone living in a three bed room house with other tenants sharers then what accommodation evidence should be required??

[Casa]

An inspection report.

[cool mind]

An inspection report.

Hi casa, is that your reply for my post? If yes then is there any ukba list of organizations who make this report or a local property estate can make it? And what else evidence needs?

[Casa]

An inspection report.

Hi casa, is that your reply for my post? If yes then is there any ukba list of organizations who make this report or a local property estate can make it? And what else evidence needs?

To my knowledge, there isn't an approved list. A local estate agent should be able to provide a report for a fee.