Thai wife coming to the UK : Accomodation confusion

[jojo90]

Hi! We are planning to apply for a Family Visa for my wife to come and stay in the UK, I'm reading through the regulations & under FM it states:

 

287 (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively;

 

Our situation is such that we will be sharing a large 2 bedroom flat with one of our close friends (the room has it's own private entrance onto the street, and en-suite, so just lounge/kitchen shared) with a view to purchasing our own property within 12 months. It's the only area I can see that we wouldn't be compliant with. My wife's name is on the rental agreement, finances all OK, we've lived together for 6 months, etc.

 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members

 

Will this be a reason for refusal, or am I misinterpreting the regulations for a couple? We have no children. 

 

EDIT: Also covered here under Appendix FM:

 

E-ECP.3.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

1. (a) it is, or will be, overcrowded; or
2. (b) it contravenes public health regulations.

Edited November 18, 2018 by jojo90

[7by7]

From the guidance to decision makers

Quote

10. MAA10 Legally owned or exclusively occupied

 

The ECO should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:

• the ownership of the property and/or the duration of a lease
• whether any lease enables the tenant to sublet to the couple or take them in as lodgers.

If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, for example, that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use. (7by7 emphasis)

 

If the couple have children with them there must be additional adequate accommodation for them (see MAA134 for maximum numbers of persons allowed)

 

I'd advise that your friend writes a letter inviting you to stay and briefly describing the property to show that there is at least one room for your exclusive use. If he owns he should provide some evidence of this, a mortgage statement will do, and if he rents then a letter from his landlord agreeing to you staying there and confirming that there is room for you.

 

Quote

11. MAA11 Adequacy of accommodation

The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

 

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

As you can see, such letters probably won t be required, but better, I believe, to provide them anyway as doing so will avoid delay if the ECO asks for them.