View Full Version : Rooms in my house...
freyter
20th August 2012, 22:12
Can anyone tell me how precise you have to be in proving accommodation for your spouse for a spouse visa application? Do you even have to go so far as to prove how many rooms you have in your house or flat? If so, how have people done it?
Also - I have the title register electronically. The Land Registry says this is an official copy, although for 'court purposes' you can apply for a paper one. Do you think the electronic copy (printed out of course :doh) will do the trick?
Many thanks
grahamw48
20th August 2012, 22:55
Do you have the original 'property description' sheet from the estate agent ? :)
Rhose
21st August 2012, 02:48
My husband also have the computerize Land Registry title, we provided supporting documents aside from it. His monthly mortgage which stated on his bank statement, and picture of his house, the living room and bed rooms.
Terpe
21st August 2012, 12:25
Can anyone tell me how precise you have to be in proving accommodation for your spouse for a spouse visa application? Do you even have to go so far as to prove how many rooms you have in your house or flat? If so, how have people done it?
Also - I have the title register electronically. The Land Registry says this is an official copy, although for 'court purposes' you can apply for a paper one. Do you think the electronic copy (printed out of course :doh) will do the trick?
Many thanks
The immigration rules require that there must be 'adequate' accommodation for a partner and any dependants.
The ECO will be looking for evidence that the accommodation complies with the following requirements:-
- It is (or will be) owned or legally occupied for the exclusive use of the couple.
- It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
- That housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
- That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.
If the sponsor owns the accommodation, then the applicant should include a copy of the deed showing this, or some other proof of ownership.
If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided, (this is available online for a fee), or a letter from the building society. The mortgage payments should appear in the bank statements.
There's usually no need to provide evidence of room sizes unless you are renting just one room in a multiple occupancy house. You'd also need to show that there is no overcrowding.
There are very few refusals linked to accommodation. Anyone who feels insecure about any scutiny of accommodation would be well advised to obtain an independent Property Inspection Report.
Although you'd only really need a formal report when you're actually struggling to satisfy the accommodation requirements in the usual ways.
Michael Parnham
21st August 2012, 20:21
We only have 1 bedroom and a kitchen lounge, also we only sent faxed copies of our tenancy contract to British Embassy Manila in May this year and the 'visa' arrived after only three weeks. No problems at all!
freyter
27th August 2012, 08:59
Thank you all for your time in replying to this...Got all my documents now- time to send everything off to my wife.
BazJaz
27th August 2012, 16:30
Can I just ask if the accomodation rule "The property must
be occupied only by you, your partner and dependents." also applies when applying for a fiancee visa? I currently have moved into my prents house in an effort to save some cash for a while, and when my fiancee got here we would then find a property, but that wont satisfy them I guess ??????
Terpe
27th August 2012, 19:06
Can I just ask if the accomodation rule "The property must
be occupied only by you, your partner and dependents." also applies when applying for a fiancee visa? I currently have moved into my prents house in an effort to save some cash for a while, and when my fiancee got here we would then find a property, but that wont satisfy them I guess ??????
Not sure where you got that information from, but it's incorrect.
Take a look at this thread (http://filipinaroses.com/showthread.php/39740-All-New-Guide-How-to-apply-for-a-Spouse-Partner-Visa) and the section on accommodation
Hopefully you'll get a better understanding. There'll be no problem for you both to live with your parents.
BazJaz
30th August 2012, 17:57
Top of page 6 on the guidance notes for FLR(M) http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/guideflrm1020091.pdf
or am I getting in a complete muddle :Cuckoo:
Terpe
30th August 2012, 21:02
Top of page 6 on the guidance notes for FLR(M) http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/guideflrm1020091.pdf
or am I getting in a complete muddle :Cuckoo:
Hey BazJaz, may I ask why are you looking at FLR guidance? I understood you're considering a Fiance(e) Visa ?
Anyway, whichever application you are actually considering hopefully the information here will help with both entry clearance (Fiance(e) visa) and leave to remain (FLR(M) issues of accommodation.
To try to help with your specific question, let me say that I can only fully agree with your concern in that the wording in that guide you linked really does instil uncertainty and insecurity. It's just not clear.
However, the UK courts have determined (recently) that there is a big difference between a 'Guide' and the Immigration Rules.
So, may I very kindly suggest to review Immigration Directorate Instructions - Family Members - Section FM 1.0 Family Guidance (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/overarching_family.pdf?view=Binary)
Please look under para 3.1.4 Accommodation requirement (Entry requirements)
Also please consider para 3.2.5 Accommodation requirement (Leave to Remain)
3.2.5 states
3.2.5 Accommodation requirement
An applicant must evidence that they meet the accommodation requirement in paragraph E-LTRP. 3.4 to qualify for leave to remain as a partner. The evidence must show that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included on the application but who live in the same household, which the family own or occupy exclusively.
Accommodation will not be regarded as adequate if:
(a)
it is, or will be, overcrowded; or
(b)
it contravenes public health regulations.
For further guidance on assessing whether the accommodation requirement is met, refer to section 3.1.4a. to 3.1.4c. above.
In all honesty I would say if you have really have any doubts whatsoever about the wording and meaning of any UKBA document then contact them to request clarification.
These issues are much too serious to have even 0.1% doubt.
No offence intended, I'm just trying to help out with direction wherever I can.
I really hope that the info and links provided will help you.
Please don't be afraid to question anything here. This is a very open, honest and friendly forum and you will always receive the best guidance we can offer.
Take care and good luck.
BazJaz
5th September 2012, 14:10
Hi Terpe,
Thank you for that link, it certainly gives some guidance that I could not find elsewhere. My main concerm was if they would approve of my self and my fiance living in my parents house (has 4 bedrooms, total 4 adults would live there) when she arived until such time (month or so) that we BOTH chose a home to live in and not some rush job accomodation that I choose on my own just to satisfy UKBA !!
I think after what I have read is that it will be ok for me and my fiance to begin living here and then find a place soon after, I then also have the task of satisfying them about my wages as I own my own business (just me) and we dont issue computer generated wage slips, so I need to get an accountant to write a letter to satisfy income and get all the bank statements together, however I WILL succeed ! Thanks again
Terpe
5th September 2012, 14:22
BazJaz, do you or your accountant have the specific UKBA requirements for income by self-employment?
You will find the details in this thread (http://filipinaroses.com/showthread.php/39869-All-New-Guide-How-to-apply-for-a-Fiance-Visa)
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