Proof of accommodation for Spouse Visa

Proof of accommodation for Spouse Visa

An accommodation need must be met by applicants seeking entrance clearance, permission to remain, or settlement under Appendix FM of the Immigration Rules in order to join a spouse, parent, dependent child, or as an adult dependent relative in the UK. In this article, we offer a concise explanation of the UK visa accommodation requirement, examining what is meant precisely by the need for suitable housing for the purposes of a family-based UK visa or immigration application.

What is the accommodation requirement for UK visas?

In order to qualify for family immigration, applicants must demonstrate that their housing is “sufficient.” According to the definition of “appropriate housing,” the family must reside in housing that is

  • Owned or occupied only by the applicant and their family;
  • Will be acquired without using public funds;
  • Is not already overcrowded or won’t be,
  • Does not violate laws governing public health.

What does an exclusive occupation of a residence suggest?

A portion of the accommodations, such as a bedroom, must be for the family’s sole use, according to paragraph 6 of the immigration rules. This does not forbid sharing the kitchen or bathroom or any other common facilities of the lodging.

Evidence proving the applicant’s right to occupy the space should be provided. This might be done by providing a copy of the property deeds, mortgage paperwork, the tenancy agreement, and/or a statement from the landlord stating that the applicant is authorised to inhabit the property and that the rent payments are current. If the place of residence is owned or rented in the name of a different family member or acquaintance, they must sign a letter describing their claim to the property and granting permission for the applicant to occupy it.

Similarly, correspondence between the renter and the council verifying the basis on which the legal occupier is dwelling at the property and that the applicant has the authorization to reside there can be relied upon when housing is rented from a local council. Additionally, applicants must show documentation of any benefits they have received that cover housing expenses.

No use of Public funds

Any applicant who depends partially or entirely on their sponsor receiving public funding to meet the accommodation criterion will not be regarded as having recourse to public funds. Therefore, the criteria can still be met even if the sponsor receives specific perks that they use toward paying for the accommodations.

As long as the applicant is present in the UK, the sponsor will often be eligible to further public subsidies, which will prevent the condition from being satisfied. The applicant will still be able to fulfil the criteria even if they are applying from within the UK and will be jointly eligible for benefits listed under Section 115 of the Immigration and Asylum Act 1999.

When are accommodations considered overcrowded?

If the conditions set forth by the Housing Act of 1985 are not followed, the lodging will become overcrowded. Even if they are not applying, any family members who will be residing in the home must be considered in the computation.

The size of the space and the ages of the residents will decide how many people can fit in it. Only rooms of at least 50 square feet are included. This includes living rooms but excludes kitchens and bathrooms since it refers to any space that might be used for sleeping.

Children that are younger than 1 year old are not counted. Children aged 1 to 10 are counted as half. They cannot share a bed if they are not a couple and are both above 10 and of the opposing sex. A floor plan might be provided by the applicant to confirm the number of available rooms.

Living in a studio apartment that is 110 square feet or more and is occupied by a couple and their kid under one is thus permitted.

A House in Multiple Occupation (HMO) is another option.

A hostel or hotel that is “occupied by people who do not form a single home” is known as an HMO. The term includes housing occupied by two or more family units, such as a spouse living with a relative. The applicant must demonstrate that the area of the property they alone occupy is suitable. The applicant must present formal proof of their right to occupy the space.

It should be noted that neighbourhood authorities can issue overcrowding notifications that outline the maximum number of persons that can reside in a certain home.

How do I establish lodging for a UK spouse visa?

Evidence proving the applicant’s right to occupy the space should be provided. This might be done by providing a copy of the property deeds, mortgage paperwork, the tenancy agreement, and/or a statement from the landlord stating that the applicant is authorised to inhabit the property and that the rent payments are current.

How do I meet the requirements for the Spouse/Partner Visa accommodations?

Typically, you must demonstrate that you have a suitable home for both you and your spouse (and anyone else who is part of your family unit). This implies that the area you inhabit must not be too crowded and be within your financial limits. The property might be yours to purchase or rent. You could even be residing somewhere that is rent-free, such as with family.

You will always need to provide proof that your home has enough room for both you and your spouse. You must still demonstrate that you have a reasonable chance of moving into suitable housing by the time you go to the UK, even if you don’t already own a house in the UK but want to buy one in the future (for example, if you are returning to the UK from abroad).

Can I settle in the UK on a Spouse/Partner Visa?

The spouse visa category is a route to settlement.  You would typically be qualified to apply to settle in the UK no sooner than 28 days before reaching the 5-year mark as a holder of a spouse visa, provided you fulfil all the conditions.

Checklist for spouse visa extensions:

  • Identity card
  • Permit to dwell using biometrics (current)
  • Evidence of your spouse and you live together
  • Evidence that you have the necessary funds
  • Proof that you’ve mastered the English language requirement (CEFR B1)
  • Evidence of suitable housing in the UK
  • Application/Sponsor Statement

Why Pick A Y & J Solicitors to Assist You with Your UK Spouse/Partner Visa Application?

Our attorneys will work with you to ensure that your application is filled out correctly and that all necessary documents are submitted since they are highly experienced immigration specialists. This will stop immigration officials from rejecting your application because of a typo.

You can trust that by working with us, your best interests will be safeguarded and the visa application procedure will go off without a hitch. We put forth a lot of effort and strive for the greatest outcomes.

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