Spouse Visa For Uk Refused Becasue Of Accomodation

[eddie eagle]

A spouse visa appliaction made by TGF's cousin' (she is married to a man fro the UK) has just been rejected on the gounds that the Embassy is not satisfied the accomodation arrangements in the UK are adequate.

They will be living with his Mum but the application did not cover this point adequately. Their accommodation arrangements are similar to when I brought the TGF over to UK on a partner two year settlement visa. But in her application I emphasised the accomodation was suitable size (3 bed kitchen batrooom etc), that we would have a room of our own and attached a letter from my mum inviting us to stay in the apartment and that we had her permission to stay.

Question 1: TGF's cousin will appeal the visa rejection and intends to inlcude in the appeal a full description of the apartment plus letter from the apartment owner saying they can stay there. Is this enough?

Question 2: How long will the appeal process take and any advice on the content of the appeal submision would be appreciated

Thanks in advance for your help. My TGF's cousin is pregnant and she and her husband want to be settled in the UK, not living apart while the visa process drags on> They also do not want to have the worry of if they will be granted a spouse visa or not.

[think_too_mut]

Question 1: TGF's cousin will appeal the visa rejection and intends to inlcude in the appeal a full description of the apartment plus letter from the apartment owner saying they can stay there. Is this enough?

I remember someone applying for visa for Japan had to produce a copy of Tokyo lease contract and condo's floor plan.

[Sunderland]

She will need a TEFL, work permit, degree, swimming certificate and a Blue Peter badge before they even consider accepting her application. Oh ... and 196 passport style photos of various sizes, but no smiling please.

[the scouser]

The appeal process will take 7-8 months.

Your partner's cousin might consider collating the evidence of accommodation and submitting representations to the embassy, asking that in the light of the new evidence the decision to refuse is overturned. She should still submit the appeal, though, as a fall back.

The cousin has to demonstrate that their is adequate accommodation available in the UK. This may be an offer from a third party, but she will need to show that there is at least one room available for the sole use of her and her husband. The child will also be factor, but for the purposes of calculating overcrowding, only counts as a half. They will require evidence that the property owner is content for them to stay there, evidence of their ownership, evidence and, if possible, a copy of the deeds from the land registry website. If the property is rented, the tenancy agreement should be submitted in addition to a letter from the landlord which confirms that he is content for the cousin, her husband, and child, when born, to live there.

Scouse.

[mariner29]

Overcrowded accomadation this maybe of help. The housing act 1985 contains statutory definitions of overcrowding which covers private and rented accomadation.A house is overcrowdwd if two persons of 10 years or more of opposite sexes ( not partners ) have to sleep in the same room, but the guide below will be of help.

Number of rooms- Permitted number of persons

1= 2

2= 3

3= 5

4= 7.5

5= 10

The Act may of been updated lately but this is the information i have access to at the moment a room only counts if:

Has a floor area of 50 sq feet

Is a type normally used as a bedroom or living room (kitchens & bedrooms do not count )

[eddie eagle]

Thanks Scouser and Mariner. You helpful advice is appreciated.

The worrying part is that it may take 7 to 8 months for the appeal, is this is this in every case or do some get settled quicker?

[mariner29]

As Scouse said just send them a covering letter with fresh information and ask them to re-consider the application.

Add pictures of accomadation tenancy/mort agreement quote rooms in property and the housing act if you read my post do you fall within the rules ?

If you do fall within the rules i believe they may overturn the decision include a strong but polite letter and bring the points mentioned to the ECO.

Good luck