Accommodation Required For Uk Settlement Visa

[BrotherTom]

Hello

This is my first post here but I have been browsing the site for quite awhile. First of all I would like to say thank you as this is a really great place to find information.

Well a little bit about my story. Me and my Thai girlfriend are getting married in September and then we will be applying for a settlement visa so she can come and live in the Uk. We first met 1.5 years a go whilst she was in London studying for 1 year. After 1 month she had to go back to Thailand so I made the decision to travel to Thailand to be with her. I stayed there for 9 month and we then decided to get engaged. After 2 months in England I then went back to Thailand for a further 3 months so as we could spend more time together and arrange things for our marriage. I got back at the end of May this year and have been making preperations to apply for the Visa.

I think we are covered with showing the relationship part for the Visa as we have spent a total of 13 months together and have lots of photos etc.

I have also found full time employment since I have come back to the UK and have good saving in the bank so there should be no problem with the finacial side of things.

As for the accomadation, that is the thing I am not so sure about..... I have read lots of information regarding this but I am really not sure if my current living situation would be acceptable. I rent a room in a shared house at the moment but if my partner obtains a visa I would make sure we had our own flat (rented) to live in. This however makes me really unsure what I would put in the application about accomadation. Would I need to rent the flat before the application is made? Or even would a rented room in a shared house be enough for the application? I am sure it states that you would need suitable accomadation for when your spouse/ partner intends to arrive but this could be quite a long time......

Edited August 18, 2011 by BrotherTom

[brumdave]

you need to rent a flat or house, shared house is no good, ive just had the problem rented a flat, got the visa looking for a new place now

[brumdave]

rent before you apply

[7by7]

Shared accommodation should be fine, as long as:-

• You have written permission from the landlord for you both to live there.
• There is at least one room for the exclusive use of you both.
• The property would not be deemed overcrowded under the Housing Act 1985.

See MAA11 to MAA14 inclusive.

[ThaiVisaExpress]

Agreed with 7/11 he has covered the facts.

[BrotherTom]

Thank you for your replies =).

I have read through a lot of stuff regarding this and I have read the link you posted before but the wording made it quite unclear whether my current situation would be acceptable.

'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, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.'

As the examples all seem to refer to existing households of family/ friends. My room is big enough and for my exclusive use. I am also sure the house would not be effected by overcrowding. I really wanted to make sure if it is acceptable though because the property is not owned by family/ friends, which the MAA12 section from the Maintanence and Accommodation guide seems to suggest.

Thanx

Tom

[MAJIC]

Thank you for your replies =).

I have read through a lot of stuff regarding this and I have read the link you posted before but the wording made it quite unclear whether my current situation would be acceptable.

'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, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.'

As the examples all seem to refer to existing households of family/ friends. My room is big enough and for my exclusive use. I am also sure the house would not be effected by overcrowding. I really wanted to make sure if it is acceptable though because the property is not owned by family/ friends, which the MAA12 section from the Maintanence and Accommodation guide seems to suggest.

Thanx

Tom

If you decide to apply siting your present accomodation,as suitable for both of you (only the ECO could decide the suitability) then you will still need to submit a Rental Contract (Private or otherwise) or proof of right to occupancy.

[BrotherTom]

Ok, thank you for the information. I know what documents etc I will need to show to apply for the Visa but I really want to be sure that my accomodation situation will be suitable for a successful application. As I said before I plan to rent a flat before my wife would arrive but this could be quite some time. If I can be sure that my current situation would be acceptable then it would be a great peace of mind. Perhaps it would be best to rent a flat before we apply.

Thanx

Tom

[7by7]

As the examples all seem to refer to existing households of family/ friends. My room is big enough and for my exclusive use. I am also sure the house would not be effected by overcrowding. I really wanted to make sure if it is acceptable though because the property is not owned by family/ friends, which the MAA12 section from the Maintanence and Accommodation guide seems to suggest.

Para 281(iv) of the the Immigration rules simply says

(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

The ECO will judge whether or not this requirement is satisfied using the evidence supplied by the applicant and the Entry Clearance Guidance. The relevant paragraph of the ECGs for 'exclusively occupied' is MAA12, and the examples quoted in there are just that; examples, not a definitive list. Were the ECGs to list every possible situation they would be even longer than they are!

As long as you can provide evidence to satisfy the three points I listed earlier, I don't see a problem. I would suggest that this evidence be a letter from your landlord confirming that you and she can live there, that there is at least one room for your exclusive use and listing the number of other rooms in the property, as defined in MAA14, and the number of other tenants living there.

However, as it is your intention to move out and into a flat anyway, then why not do so now?

I can understand that you may feel in a Catch 22 situation; i.e. you don't want to go to the expense of renting a flat until she has the visa as she may not get it, but she might not get it if you don't rent a flat before applying for the visa.

Be positive. If you, or rather your wife, shows that on the balance of probabilities she meets the requirements for the visa; she will get it. From what you have said, your only concern is accommodation, and renting your own flat will solve that.

[BrotherTom]

Thank you for your reply, it is really helpful. =)

From what you have said it does seem wise to go for the safer option which would be renting a flat.

Thanx

Tom

[ThaiVisaExpress]

Thank you for your reply, it is really helpful. =)

From what you have said it does seem wise to go for the safer option which would be renting a flat.

Thanx

Tom

I would stick with the accommodation you have you fall within the guidelines.