Right to rent while waiting for spouse visa

Hi all,
I hope this is the right board to post this on, please let me know if not. Has anyone managed to secure letting a flat while they are waiting for their (spouse) visa to be approved?

I've submitted my spouse visa and assuming it's approved, I'm hoping to arrive in the UK and just pick up the keys to an apartment. But I see that when you apply to rent an apartment, the landlord has to check the "right to rent" of every adult, so even if the apartment is rented in my UK citizen husband's name, because I will be living there do I need to pass the "right to rent" before he/we can find an apartment? Essentially do I need to wait until I actually arrive in the UK to find an apartment?

Thanks!

You will not have the 'right to rent' until you have been issued your spousal visa... and it is illegal for a landlord to put your name on a tenancy agreement if you don't have the right to rent (the landlord can be fined several thousand pounds for renting to someone without a valid visa).

If your husband finds somewhere to rent before you have received your spousal visa, then he can be listed on the tenancy agreement and the landlord can agree (either verbally or in a letter) that you will be able to live there once you have the visa, but you can't be listed as a named tenant on the official paperwork until you have the visa. Once you are in the UK, you will have the 'right to rent' so you can either be added to an existing tenancy agreement (or just move in without being added to it), or you and your husband can start a new tenancy in both names.

So your options are:
- your husband can rent somewhere for both of you, but it must be in his name only... and then you can move in once you arrive in the UK (and be added to the tenancy agreement if the landlord agrees)
or
- wait until you have arrived in the UK and then find somewhere to live together (and both of you can be listed on the tenancy agreement

Having said all that, what evidence did you provide with your spousal visa application to prove you meet the accommodation requirement? When you apply for the spousal visa, you need to prove that you and your sponsor have somewhere suitable to live in the UK once your visa has been granted.

This normally takes the form of:
If your sponsor owns their home:
- evidence that the UK sponsor owns their own house, and you will live there together (the sponsor's Land Registry document and mortgage statement
or
If your sponsor rents their home:
- a valid tenancy agreement in the UK sponsor's name, plus a letter from the landlord giving you permission to move into the property once your visa has been valid and you have the 'right to rent'
or
If you will live with family or friends:
- a letter from a family member or friend giving you permission to live with them in their house once your visa has been granted, along with the their Land Registry document and mortgage statement

Thanks so much, that's very helpful. We might try the route of my husband renting a place just under his name, we'll have to talk to the landlord and see.

Good point about the accommodation requirement. We are planning to live my husband's father until we find our own apartment. We included a letter from him describing the number of rooms, the land registry, he has no mortgage.

I'm just being picky, as my husband's job will be about 1 hour from his father's house, I was hoping we could find an apartment closer to his work soon after we arrive so he won't have to commute so far. But we absolutely can live with his father when we first arrive, so that's no problem.

Good point about the accommodation requirement. We are planning to live my husband's father until we find our own apartment. We included a letter from him describing the number of rooms, the land registry, he has no mortgage.

Sounds good - just wanted to double-check you had sorted something out for meeting the accommodation requirement for the visa application .

I'm just being picky, as my husband's job will be about 1 hour from his father's house, I was hoping we could find an apartment closer to his work soon after we arrive so he won't have to commute so far. But we absolutely can live with his father when we first arrive, so that's no problem.

That's the important thing for the visa... you just need to show you have somewhere to stay when you first arrive and that you won't end up on the streets and looking for government support.

Once you have the visa and are in the UK, you can sort out whatever accommodation you like going forward.