Settlement Visa For Uk - In Rented Accommodation

[ruth4770]

A few questions chaps.

I was married in thailand in april and we will have the reception in November (21st). This was 2 years (april) after meeting in uk. I have been to Thailand 12 times in the last 2 and a half years.

Following which we will apply for a settlement visa for uk.

One last problem is the matter of rental property i currently reside in. I have been in it since January 2009. The 21 months i have resided was initially on a 12 month contract but thereafter reverted to a one month rolling contract. Is this too "insecure" in terms of tenancy?

How do you put a thai national on the tenancy agreement to enable you to get the visa. I am being told in the UK i will need to re-do the tenancy agreement at considerable expense but they did not seem to appreciate that my wife would not be able to sign the agreement and similarly they would i assume not be able to take up references for a foreign national.

Is it possible to obtain a simple letter from the rental agent stating the landlord has no objection or is this too vague. The agents seem rather negative and offering me only obstacles.

The other option is that I use my parents 4 bedroom house (which they occupy on their own)? This is in the same town 2 miles from my current accommodation.

I had owned a house from 1993 until 2008 (in my own name) when my ex wife having departed claimed the property as part of the divorce. I was selling the house at the time and continued with the sale although putting the proceeds with the solicitor. The resultant child custody matters took 2 years in court to resolve. The money was only resolved in 2010 after I was granted a decree absolut in 2009. We agreed not to deal with the money until the children matters resolved.

I have a shared residence order and indeed my son travelled to hong kong and thailand with my wife in august.

All the steps are there for the embassy to see. Unfortunately only the rental nature of the accommodation goves me cause for concern.

cheers

[7by7]

From Maintenance and Accommodation

MAA13 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.

I would recommend that you certainly supply a copy of your lease and if at all possible obtain such a letter, also including permission for her to live there.

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

[Guest jonzboy]

can't see any necessity putting your wife's name on the tenancy agreement

certainly there's no official requirement for such from UKBA

[ruth4770]

thanks for the replies.

I will include a copy of the lease and also i have just had a letter emailed from the letting agent. Do you think this is sufficient? I dont think they are going togive me a letter in black and white stating that she can stay - process and rules!

"Thank you for your enquiry regarding if it is possible for another person to move in at the above property. Ino roder for this to happen we must -

• you pay a £50 + VAT admin fee
• the new person must fill in a reference form and pay £100 + VAT reference fee
• subject to passing referencing we would then require the new tenant to agree to abide by the original inventory
• once all this is done we will prepare new contracts for signature and process

Should you have any queries then please do not hesitate to contact me"

[7by7]

They do seem to be saying that they have no objection to her moving in, so that should be ok.

[Bukseeda]

I was in a similar situation. I simply provided my original lease and the letter stating that it was now a rolling contract. This was sufficient for the visa.

When she arrived, we added her name to the tenancy agreement although this was not required by anyone and was simply me doing everything by the book as far as the landlord was concerned.

The estate agent did this by getting my (then) fiancee to sign an addendum to the agreement. At one point there was talk of a background check (at a cost) but I made the case that this was a waste of time as there was no background TO check in the UK. The agent agreed and I remain solely liable for the rent but my wife is now a recognised tenant. The addendum cost nothing.

The agent appears to be attempting to profiteer. She can either become a joint tenant with liability for the rent and any damage etc and thus require the costly checks detailed in your post. OR she can simply be a person whom the landlord allows to live in the property with you having sole liability.

Edited November 2, 2010 by Bukseeda