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)).

What does adequate maintenance and accommodation without recourse to public funds mean, when the sponsor is on benefits?

This is a very important statement in the rules for us. Especially cause my girlfriend is on benefits.

According to the UKBA Entry Clearance Guidance (Chapter 13):

13.4 - Fiancé(e)s/proposed civil partners and how they
qualify (Rules Paragraphs 290 -295)For an applicant to qualify for
admission as a fiancé(e)/proposed civil partner, you must be satisfied
that:
1.the sponsor is present and settled in the United Kingdom, or is to be
admitted for settlement at the same time as the applicant arrives in the UK;
the sponsor and the applicant are aged 21 or over;
2.each of the parties intends to live permanently with the other as his or her spouse/civil partner after the marriage/civil partnership;
3.the parties to the proposed marriage/civil partnership have met;
4.adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage/civil partnership;
5.after the marriage/civil partnership there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively;
6.after the marriage/civil partnership the parties will be able to maintain themselves and their dependants adequately without recourse to public funds.

Point 5 above is about this topic. Now if we would look at UKBA Entry Clearance Guidance (Chapter 9):

9.2 - Public funds The requirements are designed to
prevent the admission of persons who do not have realistic prospects of
supporting themselves without recourse to public funds. For the purpose of the
Immigration Rules "public funds"
means:
· Income
Support/Jobseeker's Allowance (JSA)
· Housing and Homelessness
Assistance
· Housing Benefit
and Council Tax Benefit
·
Child Tax Credit
· Working
Tax Credit*
· Child Benefit*
· Attendance Allowance
· Severe Disablement
Allowance
· Invalid Care
Allowance
· Disability
Living Allowance
·
Disability Working Allowance
· A Social Fund Payment

* The British/settled spouse/civil partners may claim Working Tax Credits
and Child Benefit for his or her family if they are entitled to this under the
Department for Work and Pensions legislation. There is no objection to the
British citizen/settled sponsor receiving any public funds to which he/she is
entitled in his/her own right. The important factor to consider is whether there
will be a need for the sponsor to claim additional public funds to support the
applicant. The fact that an applicant may not be eligible to claim public funds
is not in itself sufficient to satisfy the requirements of the Rules.

If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on
the state because they don't have sufficient means of their own will find it
difficult to support another person for any length of time. The question to be
considered is whether additional recourse to public funds will be necessary if
the applicant is granted leave to enter.

Income Support is paid by the Department for Work and Pensions (DWP) to those whose income is insufficient to meet their own needs and those of any dependants. Recipients are usually
expected to be available for work, but sole parents and elderly persons may be
excepted from this requirement.

Working Tax Credit is paid by the DWP to those in full-time employment who are on a low income and have children to support.

Housing Benefit is administered by the housing departments of local
authorities.

If the occupant of housing provided by a local authority pays
rent to be accommodated in the property, such housing is not considered to be
provided from public funds.

You will notice certain points here. Such as (as bolded above), the “additional” part. This means that as long no additional benefits will be claimed by the sponsor due to presence of the applicant in the UK, we are ok. So as long as we are sure that the sponsor will not claim any additional benefits upon arrival of the applicant and the applicant will not (and can not) avail benefits once in UK, we are good to go.

The statement “If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant” clearly shows that if the sponsor is in receipt of benefits, it will not affect the applicants spouse visa application.

Here is some more information from Islington website:

‘No recourse to public funds’ (NRPF) applies to a person who is subject to
immigration control; does not have the right to work (with the exception of
people granted leave as spouses or civil partners); and has no entitlement
to welfare benefits, public housing or UKBA asylum support.
Who has
NRPF?
· refused asylum seekers whose appeal rights are exhausted
· people who have overstayed their visa
· people on sponsorship visas
· people who originally arrived in the UK on a visa and have subsequently put in further representations to remain in the country
· some EEA migrants

This shows that NRPF applies to holders of spouse visa.

Adequate Maintenance

So how do make sure that there is NRPF and still adequate maintenance despite the fact that the sponsor is on benefits.

If you go on the UK Visas website:

There is no explicit minimum figure for what represents sufficient maintenance.
However, in 2006 UKAIT KA and Others (Pakistan), the AIT strongly suggested that
it would not be appropriate to have immigrant families existing on resources
that that were less than the Income Support level for a British Family of that
size (See Paragraph 8 of the determination - available on the Asylum and
Immigration Tribunal website). If it is more likely than not that the total
amount that the applicant and sponsor will have to live on will be below what
the income support level would be for a British family of that size, then it may
be appropriate to refuse the application on maintenance and accommodation
grounds.

Therefore the proper test to decide on the adequate maintenance would be to test on the Income Support level.

Currently the income support a couple would receive would be 94.95 pounds per week.

My girlfriend gets 60 pounds per week.

I’m not really sure, but, acting on prudence, I will assume I safely need 94.95 per week for at least 6 months while on spouse visa.

During these 6 months if I have adequate education and relevant experience, which I do, I should be able to secure a job.

If we go on bare minimum, it would be 60 pounds per week for me.

But supposing we go on safe side, I should have at least 3000 pounds in my bank account, which I will, to be able to support myself for 6 months at the rate of 94.95 pounds per week (and I’ll still have some left).

Budget

Now as for the sponsor, she needs to draw out a budget. Sample can be found here
The budget should simply list down all the inflow of money and the outflow of money. This will help the Entry Clearance Officer see how responsible the sponsor is, and how she manages to save / use her money.

Now in order for the income support test to be passed, we need to be sure what is it exactly that the person is expected to pay out of the income support she is receiving. They mostly include utility bills and groceries, and NOT council tax or house rent, since its already being paid through the Council Tax benefit and Housing benefit.

Therefore, if the sponsor will keep on receiving housing and council tax benefits (which she will since she is British citizen), therefore I won’t have to pay it. So I’ll have to pay for ‘myself’ for the things she pays out currently for, out of her Income Support benefit that she receives.
If she can draw up a budget, showing that she is getting benefits to pay for housing and council tax, and its understood she will keep on receiving them, therefore I will not have to contribute to them (until and unless I get a job). So till then, if I prove I will have 3000 pounds, i.e. 94.95 minimum per week, I will meet the income support level.

So the importance of a budget drawn up by the sponsor is essential to prove how the bills are being paid, along with documentary proof. The documentary proof would income all her income support documents to prove inflow of money, and receipts of cash paid out for groceries and other payments.

It would also be wise for the applicant to draw up a budget on how he plans to help with his 94.95 pounds per week.

Income support might stop for the sponsor on arrival of the applicant therefore its necessary that he meets the minimum of 94.95 pounds per week. Any suggestions on this topic would be welcome, perhaps I have missed something.

Links:

KA and others (Adequacy of Maintenance) Pakistan [2006] UKAIT 00065

Documents needed to prepare the Spouse Visa application

The documents required will vary with your given scenario. Our situation is such that I am in Pakistan, and my girlfriend is in UK. We met each other on the internet. Moreover I have mobility related disability. My girlfriend is also in receipt of public funds. She is divorced, and has kids from her previous marriage. All these factors complicated our case, but these might not relate to you. Nevertheless what I’ve mentioned below will cover at least the minimum requirements.
The requirements to enter as a spouse are contained within paragraph 281 of the Immigration Rules. Those requirements are similar to those set out above, and again may be summarized as follows:
(i) The Applicant is married to a person present and settled in the United Kingdom.
(ii) The parties to the marriage have met.
(iii) Each of the parties intends to live permanently with the other and the marriage is subsisting.
(iv) There will be adequate accommodation for the parties and any dependents without recourse to public funds.
(v) The parties will be able to maintain themselves and any dependents without recourse to public funds.
(vi) Entry clearance has been granted before travel.
If a marriage application is granted, then the standard procedure is to issue an entry clearance for 27 months. Before expiry of that entry clearance, the applicant must make a further application to remain in the United Kingdom. This application would be for permanent residence, and the applicant would need to have passed the Knowledge of Life in the UK Test in order for the application to succeed.

Documents needed from Sponsor

General Documents
1. Copy / Original Sponsors Passport
2. Sponsors Birth Certificate
3. National Insurance Card / Number
4. Travel documents such as airplane tickets of Sponsor
5. Decree Absolute of Sponsor
6. Covering letter from Solicitor of the Sponsor
7. Sponsorship statement from Sponsor stating background of relationship with the Applicant, feelings for the Applicant, future plans with the Applicant, financial circumstances of the Sponsor with relation to the Applicant, accommodation of the Sponsor in relation to the Applicant (Form SUO7/01)


Finances
1. At least 3 months bank statements of Sponsor
2. Any other evidence of savings / investments of Sponsor
3. Details of all benefits received by the Sponsor
4. If any financial gift is received by the Sponsor by his relatives / friends, then the bank statement of the relative / friend should be given showing it won’t make a considerable financial loss to the relative / friend when the gift is given to the Sponsor. It should also accompany a letter from the relative / friend explaining reason why the gift was given as well as how the relative / friend has sufficient resources so as to not ask for that financial gift back
5. Budget of Sponsor showing how presence of the Applicant will not lead to any additional recourse to public funds
6. Evidence that the Sponsor is able to save from the benefits she is in receipt of
7. Detailed description of the source of all the debits (inflow of money) in the bank
8. Utility bills of the Sponsor to help explain the budget
9. CV of the Sponsor

Letters of Support
1. Letters of support from children of the Sponsor
2. Letters of support from family and friends of Sponsor

Accommodation
1. Description of available accommodation, letter from landlord confirming there is no objection to Applicants stay, a description of the property such as number of rooms and persons in the house, chartered surveyors report if possible, original or true copy of tenancy agreement, emphasis on overcrowding

Employment
1. Evidence of previous employment of Sponsor
2. Evidence of current employment of Sponsor
3. Letter of recommendation from previous employers
4. Proof of all previous employment
5. Job offers / vacancies for the Applicant in UK

Academic
1. Evidence of previous qualifications of Sponsor
2. Academic degrees / qualifications of the Sponsor

Proof of Contact
1. Documents evidencing genuineness of relationship such as photographs, SMS, e-mails, telephone bills, greeting cards, letters, voice chat logs, video chat logs, and gifts

Medical History
1. Disability certificate of the Sponsor as well as any other medical documents, while clearly stating that she is fit to work

Documents needed from Applicant

General Documents
1. Settlement Form VAF(4)
2. Original passport of Applicant
3. T.B Medical Certificate
4. Biometric Test Report
5. Copy of National ID Card (NADRA) (True Copy)
6. Letter from Applicant describing the background of relationship (timeline formatted), emphasis on disability and ability to work, emphasis on age difference being not a problem, academic background, professional background, plans in the UK

Finances
1. Receipts of any money sent /transferred to the Sponsor with explanation
2. At least 3 months bank statements of Applicant
3. Any other evidence of savings / investments of Applicant
4. If any financial gift is received by the Applicant by his relatives / friends, then the bank statement of the relative / friend should be given showing it won’t make a considerable financial loss to the relative / friend when the gift is given to the Applicant. It should also accompany a letter from the relative / friend explaining reason why the gift was given as well as how the relative / friend has sufficient resources so as to not ask for that financial gift back
5. Detailed description of the source of all the debits (inflow of money) in the bank

Letters of Support
1. Letters of support from family and friends of Applicant

Employment
1. At least 3 months wage slips of Applicant
2. Job offers / vacancies for the Applicant in UK
3. Evidence of previous employment of Applicant
4. Evidence of current employment of Applicant
5. Letter of recommendation from previous employers
6. CV of the Applicant
7. NOC from current employer.

Academic
1. Academic degrees / qualifications of the Applicant
2. Evidence of previous qualifications of Applicant

Wedding
1. Original Marriage Certificate (Urdu)
2. English translated Marriage Certificate (Preferably from UK)
3. Honeymoon documentation such as hotel reservations
4. Video of wedding (DVD)
5. Pictures of wedding
6. Wedding cards
7. Deposit Marriage Certificate (Original and Translation) with GRO and British High Commission Islamabad.

Proof of Contact
1. Documents evidencing genuineness of relationship such as photographs, SMS, e-mails, telephone bills, greeting cards, letters, voice chat logs, video chat logs, and gifts
2. Pictures taken together while spending time together

Medical History
1. Disability certificate of the Applicant as well as any other medical documents, while clearly stating that he is fit to work

Notes

1. All copies from Sponsor should be certified as “true copies” by a solicitor
2. All documents should be grouped in a file with contents and index
3. Originals should be sent wherever possible
4. If you are willing to relocate for work once in the UK do mention this
5. No fixed amount of capital is needed to ensure fulfillment of the financial requirement but to be on safe side, at least 3000 pounds should be with the Applicant or Sponsor or both
6. The documents should be on A4 size paper
7. The folder should have A4 size plastic wallets
8. Police registeration is not required for Pakistani Citizens. See ECB 16 - Police Registeration on UKBA website for details.

Links:

http://www.ukvacpk.com/