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Accommodation for Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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tommcd
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Accommodation for Spouse Visa

Post by tommcd » Fri May 06, 2016 5:06 am

I currently live with my wife (Vietnamese) in Vietnam. I have accepted a job which will start in September this year, and plan to move over to the UK in July/August with my wife.

As we plan to apply for a visa before I move back to the UK, we will initially be living with my parents, until such a time as I rent accommodation nearer to my place of work.

The issue is this: I intend to put my parents’ home as our accommodation (they agree to this so supporting documents are not an issue), however my parents’ house is 200 miles from the city in which my new job will start.

Q: Do you think our application will be refused on the grounds that the accommodation is ‘unsuitable’ given that it is far away from my future place of work?

Thanks in advance

vinny
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Re: Accommodation for Spouse Visa

Post by vinny » Fri May 06, 2016 8:54 am

How will you get to work each day?
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Casa
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Re: Accommodation for Spouse Visa

Post by Casa » Fri May 06, 2016 9:00 am

Vinny of course has a valid point. Even if you were willing/able to make a round trip to work of 400 miles every day, the ECO will take the view that the accommodation has only been given as a means to securing the application and you don't intend to live there...or that the employment isn't genuine. :|

Do you have the income requirement covered?
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tommcd
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Re: Accommodation for Spouse Visa

Post by tommcd » Mon May 09, 2016 8:36 am

I will have sorted out accommodation in the same town as my new job before my job starts. However, as I am planning to return to the UK with my wife, it will be very hard to arrange a rental without first seeing the property or meeting the landlord/agent.

So... essentially I would be using my parents' place as a means of securing the visa.

Think the HO will see straight through that? Any advice as to a different way to proceed?

tommcd
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Re: Accommodation for Spouse Visa

Post by tommcd » Mon May 09, 2016 8:39 am

Sorry forgot to mention, yes I have the income requirement covered, and everything else, it's just the accommodation that is posing a problem because I can't make a trip back to the UK to sort it out.

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Casa
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Re: Accommodation for Spouse Visa

Post by Casa » Mon May 09, 2016 8:50 am

Unfortunately, I don't believe the ECO will be convinced.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

tommcd
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Re: Accommodation for Spouse Visa

Post by tommcd » Mon May 09, 2016 9:38 am

OK, thanks for your advice Casa, I will try to find a more convincing solution! :D

tommcd
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Re: Accommodation for Spouse Visa

Post by tommcd » Mon Jun 06, 2016 5:15 am

Sorry for dragging this up again!

So I will have to travel to the UK to secure accommodation before my partner applies for her visa. The only issue I can see is that in order to secure a tenancy agreement, letting agents need to run credit checks and I have been told that the subject of these must be in the country at the time.

Therefore, the tenancy agreement will only have my name on it - it can't have my partner's name on it until she has arrived in the UK and has completed credit checks, etc.

Would it be acceptable to provide a copy of the tenancy agreement with my name on it accompanied by a letter from the letting agent or landlord stating that my partner has permission to move into the accommodation when she arrives to the UK?

Thanks in advance.

sajan patel
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Re: Accommodation for Spouse Visa

Post by sajan patel » Mon Jun 06, 2016 6:32 am

Hi,

im in a similar kind of situation, well regarding the accommodation side of this anyway. yes your tenancy agreement along with a NOC (no objection letter ) can be submitted. bare in mind though the "right to rent" law and that most letting agents don't understand the spouse visa application requirements and are obviously more aware of the "right to rent" law which means yes your wife wouldn't be put on the tenancy agreement and allowed to reside in the property until she has been checked. Most letting agents will not give you a NOC so you might need to explain and make them aware if they are willing to give you letter that. the no objection letter confirming your wife can come and live there with you is "subject to passing referencing"

also not that the NOC is not a mandatory part of the application and tenancy agreement along with council tax and utilities is enough. but in my opinion it always helps to strengthen your application

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Re: Accommodation for Spouse Visa

Post by tommcd » Mon Jun 06, 2016 7:56 am

Thanks for the quick reply Sajan.

Have another issue as well, which is that my offer of employment is conditional based on the completion and passing of criminal background checks.

If the Offer of Salaried Employment Letter states that the contract is subject to these checks (which have not been completed yet as I need a permanent UK address before the process can be started), would it be refused by the ECO?

Cheers

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