Need Advice....spouse Settlement Visa Refusal Due To Accommodation

[paully]

5) Land registry document. This can be obtaind on-line. It show who is the owner of the accommodation.

Yes - there's no need (normally) to forward the title deeds, as the vast majority of land in the UK is officially registered at the Land Registry; an Office Copy entry of the Propreitorship Register will show who are the current owner(s) of the land and what title (freehold or leasehold) they have. As you say, this can be easily obtained online.

If you have a tenancy only, send a copy of the current signed tenancy agreement (signed by both the landlord(s) and tenant(s)). The standard form of tenancy is called an Assured Shorthold Tenancy. A letter from the landlord is not strictly necessary if you have had the foresight to add your wife/husband's right to stay there as a condition on the tenancy agreement - point this out clearly to the ECO.

As you say, don't use Estate Agent leaflets.

Edited January 21, 2010 by paully

[caledonia]

Coming in a bit late to this but just wondering how aware ECO's should be about diffring tenancy laws in Scotland?

I am renting out my house to someone applying for settlement - standard short assured tenancy agreement as is the norm in Scotland - 6 months and then rolling monthly contract after that until either party terminates with two months notice. It's the standard up here - standard when I rented and standard for local authority housing etc too!

However their London based immigration advisor is adamant this won't suffice with settlement visa and it needs to be a years tenancy agreement - I am done pointing out that legally thats what we have an a years tenancy agreement doesn't exist unless it is limited to just a year - thats it! Whereas a short assured can go on until either party terminates!

Now surely ECO's have awareness of all UK differences

I have provided a letter covering the fact this is the standard in Scotland but my tenant/friend is trying my patience - realise he is anxious but I can't produce something that doesn't stand up as a proper tenancy agreement just to satisfy the fact the ECO's might only be familair with English agreements! Surely?

Oh and fair point about the land registry document - wasn't aware of that!

[7by7]

I am sure that the ECOs will have seen this many times and are aware of the difference between Scottish law and English law in this respect.

Unfortunately, it appears that your tenant's London based adviser isn't, so maybe he should find an adviser closer to home in Scotland.