Welcome to the forum
.
First post here and will probably be posting a lot so please be patient with me!
Feel free to post any questions you have
.
If you can keep all your posts about the visa application in just one thread, that's really helpful for us, as it means all your questions and the answers are all in one place, so we can easily check back to see what your situation is and what advice has already been given.
I am applying for a Spouse Visa and live in a Council Flat for the past 5 years.
Today I called my local Housing Association and asked for a letter confirming no objection to house a spouse.
They flat out refused and said they will only provide a Tenancy Agreement.
I also have a council Tax bill and utility bills and can take pictures of the 1 bedroom flat.
If I write a supporting letter myself with my tenancy agreement will this suffice?
Unfortunately, you need to prove that the visa applicant has permission from the homeowner or landlord (in this case, the council) to move into the property once the visa has been granted.
If you can't show proof that they will be living with you in guaranteed accommodation when they arrive in the UK, the visa is unlikely to be granted.
You don't need to provide council tax statements, utility bills, or pictures of the flat. What you DO need though is:
- the tenancy agreement in your name
AND
- a letter of permission from the housing authority for the applicant to move in once the visa has been granted
A couple of questions:
- What reason did the council give for refusing to write a letter?
- Does the tenancy agreement state anything about other people being allowed to live in the property?
It is actually illegal to for a landlord to rent to anyone who doesn't have a valid visa for the UK, so I wonder if that's the issue they are having. However, you only need to provide a letter stating that they will be GIVEN permission to live there AFTER the visa has been granted, not that they are being given permission to move in NOW.
Are you able to go back to them and explain the situation?
This is from the government website regarding providing evidence of suitable accommodation (
https://www.gov.uk/government/publications/maintenance-and-accommodation-maa/maintenance-and-accommodation-maa--2):
9. MAA9 Assessing adequate accommodation
The ECO should be satisfied that the accommodation complies with the following requirements:
- it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below);
and
- it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see MAA134).
Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).
10. 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).
11. MAA11 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.
The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.
