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UK spouse visa - council tax bill required?

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sawebs
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United Kingdom

UK spouse visa - council tax bill required?

Post by sawebs » Tue Oct 24, 2017 9:35 am

I'm applying for a settlement visa for my wife from outside the EEA. I've got all the documents together but am not sure whether to include my council tax bill. I have utility bills, a letter from my landlord and a professional accommodation report.

I claim the single person council tax discount which is shown on the bill. My wife stayed with me for a few months on a visitor visa and I was under the impression she did not count for council tax purposes. Citizens Advice website says "If you are staying at the property but it is not your main residence, you also count as disregarded." She has since returned home and has been there for 5 months while we prepare the visa application. She did not bring most of her possessions here and maintained her home overseas so as far as I'm concerned she was just a visitor and not resident here.

I'm worried now that I've misinterpreted the rules and they will treat this as grounds for refusal.

Any advice please?

smarter1
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Re: UK spouse visa - council tax bill required?

Post by smarter1 » Tue Oct 24, 2017 9:41 am

In my understanding, it is required:
(f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.
Para 12A (f) of Appendix FM-SE

sawebs
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United Kingdom

Re: UK spouse visa - council tax bill required?

Post by sawebs » Tue Oct 24, 2017 1:13 pm

smarter1 wrote:
Tue Oct 24, 2017 9:41 am
In my understanding, it is required:
(f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.
Para 12A (f) of Appendix FM-SE
I believe this only applies where the "adequate maintenance" section (Appendix FM section 3.6) applies - i.e. where the applicant's partner is in receipt of benefits and does not meet the minimum income requirement.

If you can meet the minimum income requirement, I don't see any requirement to show council tax documents.

The Financial Requirement sheet VER.09 09/12 just states:

"You may wish to submit any of the following documents to provide us with evidence of your accommodation"....."Details of the accommodation that you and your sponsor intend to live in and permission for you to stay there along with evidence of any other occupants"....."This could include:
Land Registry documents
mortgage statements
rent book or tenancy agreement
council tax statements
property inspection report
utilities bills
 accommodation details with a supporting letter from the occupant/ landlord confirming that you are able to stay there"

So it doesn't state that you MUST supply council tax bills.

I may be wrong and am happy to be corrected.

metanoia
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Re: UK spouse visa - council tax bill required?

Post by metanoia » Tue Oct 24, 2017 2:54 pm

sawebs wrote:
Tue Oct 24, 2017 9:35 am
I'm applying for a settlement visa for my wife from outside the EEA. I've got all the documents together but am not sure whether to include my council tax bill. I have utility bills, a letter from my landlord and a professional accommodation report.

I claim the single person council tax discount which is shown on the bill. My wife stayed with me for a few months on a visitor visa and I was under the impression she did not count for council tax purposes. Citizens Advice website says "If you are staying at the property but it is not your main residence, you also count as disregarded." She has since returned home and has been there for 5 months while we prepare the visa application. She did not bring most of her possessions here and maintained her home overseas so as far as I'm concerned she was just a visitor and not resident here.

I'm worried now that I've misinterpreted the rules and they will treat this as grounds for refusal.

Any advice please?
Council tax bill copy is not mandatory. You can send your utility bills copy. Landlord letter should state permission for your wife to stay once she'll be granted visa. Property inspection report is not required since you're the sole occupant. Tenancy agreement needs to be included.

They just want to have assurances that your spouse will have accommodation available once they arrive in UK.

Did your wife visitors visa was issued before or after you got married. Did she mention you in visa application??
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smarter1
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Re: UK spouse visa - council tax bill required?

Post by smarter1 » Tue Oct 24, 2017 3:24 pm

sawebs wrote:
Tue Oct 24, 2017 1:13 pm


I believe this only applies where the "adequate maintenance" section (Appendix FM section 3.6) applies - i.e. where the applicant's partner is in receipt of benefits and does not meet the minimum income requirement.

If you can meet the minimum income requirement, I don't see any requirement to show council tax documents.
Hmm, interesting observation but I still not sure about your point. Can you please quote Section 3.6 of appendix FM? I did not find this section there at all. In my understanding, adequate maintenance applies to everyone unless the sponsor in receipt of certain benefits.

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CR001
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Re: UK spouse visa - council tax bill required?

Post by CR001 » Tue Oct 24, 2017 3:56 pm

smarter1 wrote:
Tue Oct 24, 2017 3:24 pm
In my understanding, adequate maintenance applies to everyone unless the sponsor in receipt of certain benefits.
Adequate maintenance route applies ONLY to sponsors claiming the qualifying benefits. A spouse can apply either using the financial requirement OR the adequate maintenance if they qualify.

You might be confusing the requirement to 'adequately accommodate and financially support yourself/dependents' with the blanket term of 'adequate maintenance'.
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smarter1
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Re: UK spouse visa - council tax bill required?

Post by smarter1 » Tue Oct 24, 2017 4:01 pm

CR001 wrote:
Tue Oct 24, 2017 3:56 pm

Adequate maintenance route applies ONLY to sponsors claiming the qualifying benefits. A spouse can apply either using the financial requirement OR the adequate maintenance if they qualify.

You might be confusing the requirement to 'adequately accommodate and financially support yourself/dependents' with the blanket term of 'adequate maintenance'.
Thanks for the correction! Yes, you are right. I thought those terms are the same.

sawebs
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Re: UK spouse visa - council tax bill required?

Post by sawebs » Tue Oct 24, 2017 9:17 pm

metanoia wrote:
Tue Oct 24, 2017 2:54 pm
sawebs wrote:
Tue Oct 24, 2017 9:35 am

Council tax bill copy is not mandatory. You can send your utility bills copy. Landlord letter should state permission for your wife to stay once she'll be granted visa. Property inspection report is not required since you're the sole occupant. Tenancy agreement needs to be included.

They just want to have assurances that your spouse will have accommodation available once they arrive in UK.

Did your wife visitors visa was issued before or after you got married. Did she mention you in visa application??
Visitor visa was issued after we got married and yes she stated the reason was to visit her husband. An immigration advisor I spoke to since was very surprised she was granted a visitor visa. However, she has history of visiting a few other commonwealth and non-commonwealth countries on tourist visas with no overstays or other issues so I guess they accepted she was very low risk.

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