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Saturday, January 17, 2009

How to fulfill accommodation requirements

The accommodation requirements are an important part of the Spouse Visa application.

Therefore there are certain things that are clear regarding accommodation:

1. It should be owned or legally occupied by the sponsor.
2. There should be a letter from the housing association explaining that it allows the applicant to stay.
3. There should be a report from a surveyor or from housing association telling about the size of the house, the number of rooms etc.
4. The presence of the applicant should not violate the terms of overcrowding as defined in the Housing Act 1985.
5. The fact that the sponsor is in receipt of housing benefit and council tax will not matter.
6. A couple will require only 1 bedroom and they have to make sure that others staying in the house (children) have their own space.
7. The applicant will not use public funds to pay for accommodation, though the sponsor can.

So, these documents will be needed:

1. Sponsor Undertaking on maintenance and accommodation.
2. Certified copy of deeds of the sponsor’s house.
3. Housing association rent book / council letter, to confirm address of sponsor.
4. Bill from utility company like electric, gas, etc, to confirm address of sponsor.
5. Local authority letter (council tax).
6. Letter from local MP.
7. Surveyors report / letter from housing association, about house size, number of rooms, telling the number of inhabitants does not violate terms of overcrowding.
8. No Objection Letter from housing association saying they have no objection to the stay of the applicant.
9. Birth certificates of children staying in the house along with proof that they live there such as any letters from school etc.
10. Photos of every room.
11. Evidence of payment of house rent from housing benefit, rent account statements.
12. Tenancy Agreement.

According to UKBA Entry Clearance Guidance:

9.6 - Maintenance and accommodation:
Entry as a spouse/partner/civil partner
Under the Rules a person being admitted as a spouse or civil partner must have adequate maintenance and accommodation for both parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively (defined in section below). The Rules for unmarried partners contain a similar requirement.
When considering the maintenance and accommodation aspects of an application from a spouse, civil partner or partner, it is the ability of the couple to meet the requirements together, which you need to take into account.

Although the Rules do not mention a set period of time for which accommodation must be available, you should be satisfied that adequate arrangements have been made which are likely to last for the foreseeable future.

The applicant should be able to produce reasonably firm plans for the foreseeable future. In particular they should be able to show that arrangements for the couple’s accommodation have been made and should have some idea of the employment which they will be seeking (if not already arranged) or any other way in which they will be able to maintain themselves.

9.8 - Assessing adequate accommodation for couples
You should be satisfied that the accommodation for a couple (or for fiancé(es)/proposed civil partners after they are married) complies with the following requirements:
· it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
· it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see section below on overcrowding).
Depending on the circumstances of the case, there may be other relevant factors; for example, you should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).

9.12 - Overcrowding The Housing Act 1985 contains statutory definitions of overcrowding in residential housing.
A house is considered to be overcrowded if 2 persons aged 10 years or more of the opposite sex (other than husband or civil partner and wife or civil partner) have to sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.
Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom: rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:-

NUMBER OF ROOMS - MAXIMUM NUMBER OF PEOPLE ALLOWED
1 - 2
2 - 3
3 - 5
4 - 7.5
5 -10
Each additional room in excess of 5 - An additional 2 people

For the purpose of the Act, a child under one does not count as a person. A child aged 1-10 years counts as only half a person.

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.

In relation to adequacy of accommodation you should bear in mind that if an overcrowding notice renders an occupier homeless, the local authority may be forced to provide alternative accommodation under the Housing Act 1985. For example, if the occupier has dependent children or is old or infirm. Such accommodation counts as public funds.

8.3 - Undertakings by the applicant, sponsor or others. [Updated]
Undertaking by the applicant Under the Rules, an ECO must be satisfied that a person applying is genuinely seeking entry for the period and purpose stated. An applicant gives an undertaking to this effect by completing the relevant part of the application form. This undertaking may be reinforced orally during an interview and noted by the ECO at that time.
Undertakings from sponsors, MPs etc Applications for entry clearance are sometimes supported by undertakings from a sponsor, Member of Parliament or other third parties. In this respect, only the undertaking of a sponsor on maintenance and accommodation is mentioned in the Rules (see following sub-section).

It follows that any other undertaking by a sponsor or any third party undertaking is unenforceable and no such undertakings should be sought by ECOs nor offers to provide one, be accepted.

If an undertaking from a third party appears as an accompanying document to an application, you may consider it as a factor, but without disproportionate weight.

Sponsor undertakings on maintenance and accommodation As with undertakings from an applicant (see above), you should only require an undertaking from a sponsor in exceptional circumstances or for certain categories. This includes parents, grandparents and other dependant relatives under Rule 317 of the Immigration Rules. The separate chapter on settlement for such relatives gives guidance. An undertaking would not normally be necessary where the applicant is only going to the UK for a few weeks to stay with close relatives who have demonstrated adequate income and/or funds.

The form at Annex 8.1 must be used for undertakings on maintenance and accommodation from sponsors. You should explain the significance of signing this document to the sponsor and/or the applicant. You should make clear that this undertaking will be made available to the Department of Work and Pensions in the UK who will take the appropriate steps to recover the cost of any public funds paid to or in respect of the sponsored person.

The ECO should complete the certification on the form, keep a copy on file and send the original sponsorship undertaking direct to:

Department for Work and Pensions Benefits Delivery (Special Operations) Room 3S 25 Quarry House LEEDS LS2 7VA
Failure by a sponsor to provide an undertaking on maintenance and accommodation when requested is grounds for refusal. (Rules Paragraph 320(14)).

Additionally, variation of leave to remain in the UK can be refused by the Home Office if a sponsor subsequently declines to give such an undertaking, or fails to honour one (Rules Paragraph 322(6)).

29 comments:

  1. i am a british citizen, i am married, and i will be applying for a spouse visa for my husband who is in pakistan, however regarding accomodation, all i have is a tenancy agreement.do i need to show bills in my name at that address etc?

    ReplyDelete
  2. i need to put my family home on my husbands visa application, 3 bedroom house

    1 room allocated to my dad
    1 room form my 2 brothers and
    1 room for me and hopefully my husband.

    this is really just for the application as soon as i know my husband can come i will rent a flat for the two of us. does anyone have any advice for this that can put my mind at ease? eg things to say things not to say that will help ?

    ReplyDelete
  3. what happens if your pregnate and cant work and have two very younge children is a friend allowed to sponser as a third party even if he's not citizen but has residence to the uk i too stress to even imagen i cant reunit with my husband any more can any1 give me advice|???

    ReplyDelete
  4. well, if some one try to follow and complete all the docs required as you wrote, he/ she would not be able to bring his/ her spouse, because British embassy overseas only ask you to submit the tenancy agreement....no need to show MP's letter, Council, No objection, room photo's, utility bills and blah blah if i gatehr all these documents together and mind you that these are only for Accomodation then, i'ld need a truck to deliver them to the visa officer....

    ReplyDelete
  5. I am on student visa and my husband has indefinite leave to remain in UK. My husband baught me a property. He paid the deposit and now we are living in that property. We are married and applying for Spuce visa. Will it effect that the property we live is under my name. I work part time and got a job offer from my current work place for a full time position paid 25,000 subject to me getting visa.
    Please advise. thanks

    ReplyDelete
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  10. UK Spouse Visa - Global Migrate

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    The UK Marriage Visa is for People Who are Married to or in a civil Partnership with a UK Citizen or Permanent Resident.

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    The Marriage UK or Spouse Visa allows a non-EU individual to move to the UK and live with their UK settled spouse. Not fulfilling all the immigration rules outlined for The UK Marriage Visa.
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  13. UK Spouse Visa - Imperial Visas
    The UK Spouse Visa Border Agency has introduced various categories which permit you to work in the UK if you are a non EEA national
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  14. UK Spouse Visa - Imperial Visas
    The UK Spouse Visa Border Agency has introduced various categories which permit you to work in the UK if you are a non EEA national
    Keywords: -
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    Contact Us:-
    Location: 2nd Floor Cygnet House,
    12-14 Sydenham Road Croydon
    Surrey CR0 2EE
    Telephone: +44 0203 627 4777
    Email: info@imperialvisas.com
    http://imperialvisas.com/uk-spouse-visa.html

    ReplyDelete
  15. UK Spouse Visa - Global Migrate
    The UK Spouse Visa is also known as a UK Marriage Visa. This Visa Allows Spouses (married partners) To Global Migrate

    The UK Spouse Visa also referred to as the UK Marriage visa allows foreign nationals to settle in the UK with their settled Husband, Wife or Civil Partner. If they are not married or in a civil partnership, they may apply for a fiancé visa instead. A settled person is someone who either has British Citizenship or permanent residency in the UK

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    Contact Us
    Head Office (pre booked appointments only)
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    39 Great Windmill Street,
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    Tel: +44 (0)207 993 4762
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    Email: headoffice@global-migrate.com
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    ReplyDelete
  16. UK Marriage Visas, Marriage UK
    The UK Marriage Visa is for People who are married to or in a civil Partnership with a UK Citizen or Permanent Resident.

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    Contact Us
    Head Office (pre booked appointments only)
    International House,
    39 Great Windmill Street,
    Piccadilly, London, W1D 7LX
    Tel: +44 (0)207 993 4762
    Fax: +44 (0)207 691 7969
    Email: headoffice@global-migrate.com
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  17. UK Spouse Visa | UK Spouse Visa Requirements - Imperial Visas
    The UK Spouse Visa Border Agency has introduced various categories which permit you to work in the UK if you are a non EEA national
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    Contact Us:-
    Location: 2nd Floor Cygnet House,
    12-14 Sydenham Road Croydon
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    Email: info@imperialvisas.com
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  18. Marriage UK | Marriage Visa | Marriage Visas
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  19. UK Marriage Visas, Marriage UK| Marriage visa UK
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    Contact Us
    Head Office (pre booked appointments only)
    International House,
    39 Great Windmill Street,
    Piccadilly,
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    W1D 7LX
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    Fax: +44 (0)207 691 7969
    Email: headoffice@global-migrate.com

    http://global-migrate.com/uk-marriage-visas.html

    ReplyDelete
  20. Thanks so much for posting this! Do you know how hard it is to get a florida spousal visa? Thanks!

    ReplyDelete
  21. The Marriage UK or Spouse Visa allows a non-EU individual to Move to the UK and live with their UK Settled Spouse. Not Fulfilling all the Immigration Rules Outlined for The UK Marriage Visa.

    ReplyDelete
  22. Thanks for your helpful information. but I'm confused how it may applies to my situation. I'm living in 1 bedroom flat in 15th floor building and want to apply for my partner and 1 child we have got. wondring to know can i apply in same property or not? I will appretiate if anyone helps me with this matter. regards.

    ReplyDelete
  23. Try these guys - http://www.immigrationinspectionsuk.co.uk/

    ReplyDelete
  24. These terms and conditions are very helpful for those who are applying to marriage in UK. Those candidates should apply for UK Marriage Visa.

    ReplyDelete
  25. Thank you for providing a complete and detailed about UK visa application. Anyways, I know a great agency for those applying a visa. SureVisa Manila offers fast, easy and sure approval of visa applications. They offer visa refusal appeals, Philippine visa extensions and other Visas needed in the UK and the US.

    ReplyDelete
  26. Hello,I am living in the UK With my parents who are living in council house and taking benefits. I am working now for the first time and have been for the past 7months now. I have the indefinite leave to remain. My daughter was born here shes 6months old and has British passport but my wife has a visit visa. Shes applying from back home to the spouse visa. I met all the ginancials requirements. I have one concern regarding accommodation. Can we stay with my parents, altough my name is mentioned at the home office that i legal resident of this house.

    I appreciate your response

    ReplyDelete
  27. Hello,I am living in the UK With my parents who are living in council house and taking benefits. I am working now for the first time and have been for the past 7months now. I have the indefinite leave to remain. My daughter was born here shes 6months old and has British passport but my wife has a visit visa. Shes applying from back home to the spouse visa. I met all the ginancials requirements. I have one concern regarding accommodation. Can we stay with my parents, altough my name is mentioned at the home office that i legal resident of this house.

    I appreciate your response

    ReplyDelete
  28. Hello!

    I am applying for a spouse visa to join my husband, who is a British citizen, with an intention to live with his parents.

    We got the property inspection report proving there's enough space for everyone +pictures of every room, +a letter from his mother stating that we are welcome to live with them.

    Could you please tell me whether it is it necessary to provide his mother's council tax/other bills and her passport copy, or are the listed documents sufficient?

    Many thanks in advance!
    Maria

    ReplyDelete

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