Spouse Visa (UK) - Accommodation Dilemma

[globalThailand]

Hi All,

 

I've spent the last week or so gathering info on getting a 'family of a settled person' (Aka. Spouse visa) for my wife.  I've lived in Thailand for 10 years, we married 7 years ago (officially registering around the birth of our son 2 years ago).  As far as I can see we meet the financial requirements (unless the pound suddenly jumps back to the 50 baht level!), my wife is about to take the English test (should be a breeze) and the TB test will be booked next week.  

The issue I have though is about the requirement of accommodation. I have accepted a job in Scotland and will start there early in the new year but, as I am still in Thailand, I haven't secured anywhere to live (and I don't really want to sign up a 12 month rental on a place I haven't seen).  I have family in the UK and my plan was to use my mum's address (with a letter of invitation / consent from her, of course) for the application.

However, I'm concerned about a couple of things if I go this route:

1.  The property is council owned. My mum has lived there 24 years, is an assured tenant, on disability living allowance.
2.   It's in north London... nowhere near the job offer!

Reading up on what the ECO considers as adequate accommodation my feeling is point 2) is pretty irrelevant - The house has enough spare bedrooms, meets the requirement laid out in the housing act 1985 -  it's proximity to my workplace shouldn't come under consideration.  Point 1) is what what worries me most.  As it is council property, my mum technically doesn't have the authority to give consent as to who lives there.
 

We are already resigned to the fact I will be heading back first (the language test and application length means a visa approval before early Jan is very unlikely).  My dilemma is, do I secure a place in Scotland first, then apply (meaning an even lengthier time apart from wife and child), or use my mum's place on the application?   If so, should we try to get a letter of consent from the housing association (even though really we'd only be there for a week at most before heading to Scotland)

 

Any advice would be much appreciated. Plus any suggestions on supporting evidence would be great.  Thanks in advance!

[7by7]

Point 1:-

MAA11 Adequacy of accommodation

Quote

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.

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

I'd get such a letter from your mum's landlord anyway; just to be sure.

 

Point 2:-

I don't see a problem as long as you explain the reasons in your sponsor's letter.

[globalThailand]

Many thanks 7by7!  I've spoken to my dear old ma and we'll be contacting the council tomorrow. :)

 

I've had some contrary opinion to Point 2 but I've scoured through the link you sent and the criteria the ECO considers is laid out pretty clear.  As I mentioned in another thread these guidance notes are clear, but complex - and you often bump into clauses that negate a prior clause... just hope I don't bump into some technicality as I continue down the rabbit hole!

 

Quote

 

The ECO must be satisfied as to:

• The availability and adequacy of accommodation (see MAA14 below).
• That (where applicable) the permission of the owner of the accommodation has been given
• No additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds. (see guidance on public funds - MAA2)

 

 

 

[oldgent]

forgive me but im just curious as to for example Landlords letter....

does he the landlord have to show proof of ownership in his letter?

sorry for invading the op,s enquiry

 

[7by7]

I've only used a landlord's letter once; the first time my sister in law visited us (we didn't bother in subsequent applications).

 

My landlord is a housing association and all they gave me, and I provided in the application, was a letter on their letterhead.

 

When my wife and step daughter applied for settlement we were going to be living with my father and he simply wrote to say that there was room for us, that he owned the property and the mortgage was paid off; he did not provide any proof of this.