Visa questions

I'm currently in the UK on a Tier 4 student visa, but I'm applying to switch to the unmarried partner visa.  I have a few specific questions that I haven't found addressed before.

1.  My partner jointly owns our flat with his parents, but they don't live here.  Would they need to provide a letter saying I can stay here, or does it not matter since my partner is one of the owners?  Do we only need to provide the title deed to prove ownership?

2.  Since I'm a full time student, we didn't add me to the council tax since it wouldn't make a difference, so my partner is the only name listed.  The application suggests providing proof of council tax costs, will it matter than I am not listed?

3. For the financial requirement, we are planning on using my partner's rental income from a flat that is co-owned with his sister.  The rental income was going into an account that was in both of their names (she was recently removed from the account), but she has never used the money.  Is there anything we should provide to make the income clearer?

I'm currently in the UK on a Tier 4 student visa, but I'm applying to switch to the unmarried partner visa.  I have a few specific questions that I haven't found addressed before.

1.  My partner jointly owns our flat with his parents, but they don't live here.  Would they need to provide a letter saying I can stay here, or does it not matter since my partner is one of the owners?  Do we only need to provide the title deed to prove ownership?

2.  Since I'm a full time student, we didn't add me to the council tax since it wouldn't make a difference, so my partner is the only name listed.  The application suggests providing proof of council tax costs, will it matter than I am not listed?

3. For the financial requirement, we are planning on using my partner's rental income from a flat that is co-owned with his sister.  The rental income was going into an account that was in both of their names (she was recently removed from the account), but she has never used the money.  Is there anything we should provide to make the income clearer?

Hi Jesse 

How much income does the property bring in? If you are going to rely only on the rental income, it would need to be double the £18.6k requirement as half of it would be deemed to belong to his sister.

20(c) Any rental income from property, in the UK or overseas, must be from a
property that is:
(i) owned by the person;
(ii)not their main residence and will not be so if the application is granted, except in the
circumstances specified in paragraph 20(e); and
(iii) if ownership of the property is shared with a third party, only income received from
their share of the property can be counted.
(cc) The amount of rental income from property received before any management fee was deducted may be counted.
(d) Equity in a property cannot be used to meet the financial requirement.
(e) Where the applicant and their partner are resident outside the UK at the date of application, rental income from a property in the UK that will become their main residence if the application is granted may only be counted under paragraph 13(c)(i) and paragraph 13(d)(ii).

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/783641/Appendix-FM-1-7-Financial-Requirement-ext_1_.pdf

The parents should provide a letter of permission for you to reside in the other property. Deeds to the house or land registry document and a recent mortgage statement if there is a mortgage on the flat.

I think it would be better if your name was on the council tax bill before you apply.

Have you been living together for a full 2 years?

2.  Since I'm a full time student, we didn't add me to the council tax since it wouldn't make a difference, so my partner is the only name listed.  The application suggests providing proof of council tax costs, will it matter than I am not listed?

Your partner was required to add you as a resident of the property with the council when you moved in. With you registered as full time student, he would still be able to claim the 25% discount for a single person (only one person at the property liable to pay Council Tax).

He would have often been sent forms by the council to declare who lived at the property.

Evidence required to prove property income.

(a) To evidence property rental income:
(i) Confirmation that the person or the person and their partner jointly own the property for which the rental income is received, through:
(1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or
(2) A mortgage statement.
(ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.
(iii) A rental agreement or contract.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

If the amount of rental income is not enough to meet the requirement once the sisters share is factored in, it can be combined, for example, with employment income or savings over £16,000.