Is A Copy of Council Lease necessary for fiancee visa?

My UK fiance sent me his documents for my visa application, but he rents from council, has for 12 yrs in the same place, but does not have a lease, and we are concerned that it would take months for council to write a letter.  How necessary is this?  Can we get around it somehow?  Also on the visa application they ask if I have ever been deported or refused entry.  I am not really sure how to answer this, as at one visit I was told to return to the airport (Birmingham) in 5 days, as they were sending me back to US.  The IO didn't think I would leave of my own accord.  I was never given paperwork, nor a reference #. Can I just cover this in an introductory letter?  I have both passports, divorce decrees, birth certificates, pictures of us, letter from fiance, letter and bank statements from his parents, my CV, and my bank statements.  He does not have a bank account.  Am I missing anything?  Thank you for your help!

Regarding lease and capacity:  The JCWI Manual, albeit out of date, says that if the council landlord does not, or cannot, provide documentation, then it's ok to use an independent surveyor.  Leaving it out completely just because the landlord does not, or cannot, cooperate isn't advised.  If your fiance cannot show exclusive access because of a commonlaw possession, he should arrange a consultation with an advisor.

Are you sure it would take that long to get a letter from the council? You could try at least, they might surprise you.

Garry, thank you for your answer, however a few questions:  what is an independent surveryor?  what does commonlaw possession mean?  I will ask him to contact council for a letter in lieu of a lease, will that suffice if he can get one within a decent time frame?

Surely if the council is the landlord they need to give permission for the non-EEA national to live there, as a private landlord would have to if there was only one name on the lease?

Victoria

Surely if the council is the landlord they need to give permission for the non-EEA national to live there, as a private landlord would have to if there was only one name on the lease?

I agree, especially if it's commonlaw - hence the suggestion to arrange a consultation.  It's not something that's optional...

But for capacity, they can use any chartered surveyor, or even the council EHO for that matter.

My fiancee has contacted the council, and they will be getting back to him this week.  Will a simple letter from them (since there is no signed lease) suffice?

I know this has probably been touched before, but if the UK citizen is in council housing, and the non-UK citizen moves in, how does it work out that the non-UK citizen is not getting public benefits?  The non-UK citizen is benefitting by being able to live in the house.

Thanks for asking that Sweetpeach. I wondered that as well.

I know this has probably been touched before, but if the UK citizen is in council housing, and the non-UK citizen moves in, how does it work out that the non-UK citizen is not getting public benefits?  The non-UK citizen is benefitting by being able to live in the house.

It's within the rules.  Paragraph 6 was amended because it was causing too much problems...

Perhaps this can help. When I first moved here my husband still lived at home. His mother has a council house. I had a photocopy of the lease with a stamp on it from the council and a letter from them stating his mother rents the house and how long shes been a tenant. On the back of the lease it states the person renting the house is allowed to have other people live there as long as its not over-crowded. His mother went to the council stated she needed a copy of all this and she went back and picked it up the next day.

Ok, here's the update on my situation.  He went to the council office, they gave him two phone numbers to call, and he has been trying, with no answer at either one.  If he doesn't get through today, he is going back to the council office tomorrow.  I have no idea how long any of this will take, but his parents have sent their bank statements and letters stating that they are will to help us financially if need be.  How long are those documents good for?  Will I have to have them send more? 

They like to see the last three months of bank statements, but if the most recent is not available this is not likely to cause a massive problem.

Victoria

Thank you, Victoria, that eases my mind!