Accommodation & UK Settlement Visa

[pasak]

I am in the process of getting my paperwork together for a UK Settlement Visa application.

The area of my application I'm concerned about presently is 'Accommodation'.

I own a property in the UK which I rent out and do not have any plan for my Thai wife and I to live there. Since I can meet the GBP62,500 minimum immediate access requirement, it would seem superfluous to make any mention of it in my application. Or perhaps I should mention it. I could apply to the Land Registry Dept for a copy of the Title Register but as they themselves say on their website, the document they would send me is for 'information purposes only and not a guaranteed copy', so possibly not a valid document in the eyes of UKVI. Would UKVI have access to title deeds or registers and would they check this information independently if mention was made of them in an application?

My spouse and I are in fact intending to stay with and take care of my elderly mother. She fully owns what UKVI would deem under our circumstances to be adequate accommodation. Some sites I've looked at have said that she would need to provide a letter of invitation with a description of the property, earmarking a room for us, provide details of the total number of persons who will be living there and finally a house plan. But other sites suggest that I would need to go further than that by drawing up a tenancy agreement with my mother. Is the latter really necessary?

• Update 10 May 2012: Accommodation offered by a co-sponsor
• "We have observed a new strategy for applicants whose accommodation is being provided by a co-sponsor, in many cases the sponsor's parents. Simply put, this strategy is for the sponsor and co-sponsor to execute a proper tenancy agreement. Pro-forma tenancy agreements can be downloaded from the net and they can put shape on to a co-sponsoring arrangement. Monthly rent payments can be as low as 1 pound per month or any other appropriate amount. Sponsors who are using their parents for accommodation should consider executing a tenancy agreement if doing so will help support their application."

It would seem that if I were to apply for a Title Register from the Land Registry Dept, it would be best to get one that relates to my mother's house rather than to my own, since it is in my mother's house that my wife and I shall be living. How else would I prove that my mother is the outright owner of her house, or would UKVI check this themselves? A couple of utility bills and a bank statement would prove she lives there, but not that she is the owner.

Many thanks for any responses.

Edited June 6, 2014 by metisdead
Please do not post using all caps. Topic title edited to remove all caps.

[7by7]

As far as I am aware, the ECO does not have access to the land registry and would have no reason to check anyway unless you mentioned this property.

Whether you do is up to you.

If you can meet the financial requirement through cash savings then one can argue that there is no need to.

However, personally I would as it strengthens your financial position and income from this source can, if necessary, be used towards the financial requirement (see para 6.2 of the appendix), provided you have been receiving it for at least the 12 months prior to the application.

Living with friends or relatives is absolutely fine.

I have seen nothing official to say that a formal tenancy agreement is needed; did your quote come from the UKVI or somewhere else?

From the Entry Clearance Guidance for ECOs: 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.

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

If the person offering accommodation, in this case your mother, rents the property then the ECO will probably want to be sure that your moving in does not break any conditions of that tenancy. So I advise providing a copy of the tenancy agreement with, if possible, a letter from the landlord confirming you can live there.

In your case, though, your mother owns; and the ECO may want to be sure that this is the case.

I assume that her mortgage is paid off; so she can't provide a mortgage statement.

In which case I would advise a copy of the deeds or similar to show that she owns the property.

However, many people in your situation have not provided this, simply a letter from their parent(s) confirming ownership. That is all I provided in my wife and step daughter's application regarding ownership; a letter from my father.

But that was 14 years ago; things may be more strict now.

Your mother should definitely write a letter inviting you to live there. This should briefly describe the property and who else, if anyone, lives there to show that there is at least one room for your exclusive use.

Some people advise photographs and/or floor plans; but I think that's a bit OTT.

[pasak]

Thanks 7by7.

You say that you believe the ECO does not have access to Land Registry but that they might have reason to check if I mentioned the property. How might they check if not via Land Registry? I hope they would check because by doing so my claim of ownership would be substantiated.

I bought the property in Aug 2013 and have only received rental income from it since 1st Jan 2014. I could highlight the income on my bank statements albeit that the rent will have been received continuously for less than the 12 months you mention.

I cannot locate the quote I pasted and cannot remember where I read it but it seems as though I should at least get some proof that my mother is the outright owner of her property. Do you think that the slightly informal copy of the Title Register that Land Registry would provide would suffice or would UKVI need something more solid? As you say, they may check claims of property ownership, and I would be glad if they did because it would save me having to find the deeds or get copies of title.

As for her letter, a description of the property, a room for exclusive use etc etc I will certainly include that in my application.

It's the proof of ownership issue that I'm a little concerned about although when we applied for a Visitor Visa last September she did not provide proof of ownership and they granted the visa. However they may be stricter for a Settlement Visa.

[7by7]

Thanks 7by7.

You say that you believe the ECO does not have access to Land Registry but that they might have reason to check if I mentioned the property. How might they check if not via Land Registry?

Err, that's not what I said.

All moot anyway, because

....when we applied for a Visitor Visa last September she did not provide proof of ownership and they granted the visa. However they may be stricter for a Settlement Visa.

They may be stricter on some aspects; but having accepted last September that your mother owns the property, they cannot now turn round and say that they don't believe she does!

[pasak]

Thanks again and you make a good point in your last sentence, as long as they can be relied upon not to change their minds. Makes me think that they would check claims of property ownership as a matter of routine. Surely they would have easy access to this type of information?.

BTW, what is the difference between "... the ECO does not have access to the land registry and would have no reason to check anyway unless you mentioned this property."

and

"... the ECO does not have access to Land Registry but that they might have reason to check if I mentioned the property."?

Perhaps I should get on down to Ploenchit for some English instruction!