# UK Spouse Visa Accommodation requirement - Shared/Lodger accommodation acceptable?



## OOA (Apr 28, 2014)

Hi All,
I am in the process of completing the paperwork for a spouse visa. I have everything sorted apart from the accommodation bit. I am planning to move into a property with a friend (who is the owner of the property) as a sharer. As my friend has no children and owns a 3 bedroom property, he has 2 spare rooms which are empty. Its only him and his wife who live there.
Please also note, I am not currently living there! I am intending to move in when my partner arrives in the UK.
My question is, will this be acceptable by UKBA if I attach following documents with my application?
1)	Survey report – a third party (estate agent) report detailing the type of property and the space available for myself and my spouse to move in when she arrives in the UK. Also mentioning the areas shared (i.e Kitchen, Bathroom, Lounge etc) and how many people are currently living in the property and confirming there is enough space to accommodate two more people.
2)	Owner’s letter stating they will be happy for myself and Spouse to move in together
3)	Do I need to attach some sort of tenancy agreement? As I will be paying something towards the rent of sharing a room in the property, and normally there is a lodgement agreement signed by the two parties. As he is my friend, we were not going to get that done but if necessary for the sake of application, I will be willing to get a contract done.
4)	Do I need to attach anything else from the property owner? Land registry, Council tax bill, Utility bill of any sort?

thanks


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## Joppa (Sep 7, 2009)

You don't need tenancy agreement or lodgement agreement.
Evidence of ownership such as mortgage statement or land registry certificate will be useful, plus council tax or utility bill as proof of occupation.


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## OOA (Apr 28, 2014)

Brilliant! thanks Joppa.


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## ab112 (Oct 11, 2014)

Joppa said:


> You don't need tenancy agreement or lodgement agreement.
> Evidence of ownership such as mortgage statement or land registry certificate will be useful, plus council tax or utility bill as proof of occupation.


Hi Joppa

I would like to apply for spouse visa too. Do you know if renting a double bedroom is enough to satisfy accommodation requirement for a couple? I am currently living in single bedroom but because of my wife's application am looking for a double bed. I looked on UKVA website and they talk about overcrowding. I've viewed a nice house with four bedrooms but two people living there are couples so in total no. of occupants would be 7 in four rooms (including me and my partner). Is that too much?

The other option is to go for a studio flat but thats too expensive where I live (London). 

Thanks


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## topo morto (May 24, 2014)

As long as the rooms are big enough, 7 people in a 4 bedroom house isn't necessarily overcrowded (Housing Act 1985) but you'd need to ensure that the landlord would allow an inspection to take place to confirm that the property is not overcrowded.

I think councils may have their own standards about HMOs which may include things like number of bathroom, number and size of common areas, etc.


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## Imteazauck (Nov 28, 2014)

*Uk spouse visa accommodation requirement*

Can anyone out there answer this for me please. I am renting a three bedroom house. The property comprises of three bedrooms two separate receptions dinning room and kitchen. One bathroom toilet.
I am currently subletting the three bedrooms as follow.
1 couple w/o kids one large bedroom
1 single guy one large bedroom 
1 single girl second large bedroom
Me in one of the reception room.

Other reception is used as communal area and living room.

The agency knows about the arrangement but they are not happy to change the agreement to include the other tenants. Currently only my name on the tenancy agreement.

One of the tenant pays me by bank transfer which shows on my bank statement

Will this be suitable arrangement to support my wife spouse visa?


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## AmyD (Jan 12, 2013)

I doubt that will work; you're not even in a bedroom. Plus I believe that it would technically count as overcrowded.


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## Imteazauck (Nov 28, 2014)

Hi thanks for your reply.
perhaps i forgot to mention that the second reception has its own door and is not connected to the first reception. Technically it can be a bedroom.

do i need some kind of inspection done on the property before submitting the visa.


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## Joppa (Sep 7, 2009)

Yes, it's essential in a case like this. Ask for property inspection report for immigration purpose, initially with housing or environmental health dept of your local council. Failing that, with a surveyor or specialist firm.


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## ab112 (Oct 11, 2014)

Landlord for the previous property didnt want it inspected. I've viewed another flat which I really like, landlord is ok with inspection, it has a double bed (which I will take), a single bed (which is empty at present) and landlord living in another room. There isnt any living rooms. 

I take it this will be HMO (houses with multiple occupants) and I think the landlord would need a especial licence, for renting a HMO flat, for the housing inspection to be carried out and I dont want to annoy him by asking him to get one. 

My question is, do I have to get the inspection report from the council if the flat is classed as HMO?Or can I get one from a estate agent or surveyors? Ideally I dont want to involve council because it may make it more complicated! (but I think I may have to because rules apply to HMO houses). 
Does anyone have useful advice? I need to know asap before someone else takes this property!

Thanks,


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## _shel (Mar 2, 2014)

You must get an approved inspection if you are sharing property.


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## ab112 (Oct 11, 2014)

What does that mean? Can it be done by surveyors? Does the landlord need a special licence?
If I am sharing, what would be taken into account in the inspection report? I am sure the room is big enough and it is definitely safe to live there so based on those it should pass, but as I said there is no living room and the flat would be HMO. 

Immigration website is not clear about the accommodation requirement especially HMO. It says especial rules apply for these accommodations but doesnt specify what it is asking for. It does mention councils have the right to issue overcrowding but I dont know if that means getting council involved and getting the landlord to go through the process of getting and buying a licence!


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## _shel (Mar 2, 2014)

It needs to be someone legally qualified to carry out an assessment of the property under the Governments Legal requirements. A surveyor would do an estate agent would not. https://www.gov.uk/government/publications/maintenance-and-accommodation-maa/maintenance-and-accommodation-maa--2#maa9-assessing-adequate-accommodation


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## ab112 (Oct 11, 2014)

Thanks for the quick response. I will contact a surveyor tomorrow to see what they say.


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## ab112 (Oct 11, 2014)

I spoke with two solicitors and a charted surveying firm about renting a double bed in a shared accommodation which will be a HOM (Houses with multiple occupants). They all said a double bed is fine as for two adults. 
I spoke with the council as well which said it will probably be over-crowded! The officer in charge basically said you could leave the room anytime, there are people from other families living there etc so if I asked them for inspection they would assess it as being over-crowded. I am really confused!!

Has anyone submitted tenancy agreement for a double bed in a HMO, sharing house, as part of accommodation requirement for spouse visa? Does anyone have experience of it?Was it refused or was it successful? Any suggestions?

I dont want to rent a one-bed in London if I dont have to because the rent is too expensive!


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## Imteazauck (Nov 28, 2014)

As long as the number of occupants does not exceed the housing act requirement you should be fine.
3 bedrooms house max five occupants
4 bedrooms 6 max occupants etc....


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## _shel (Mar 2, 2014)

Simply each room can contain 2 adults if a couple, 1 if they are not related. The inspection looks at the whole house, how many rooms there are, how many people there are in each room and bathrooms. 

Dont trust the person you spoke to unless they were the actual inspector. They were probably and admin/receptionist who although well meaning would not know the Law.


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## _shel (Mar 2, 2014)

Imteazauck said:


> As long as the number of occupants does not exceed the housing act requirement you should be fine.
> 3 bedrooms house max five occupants
> 4 bedrooms 6 max occupants etc....


 Not necessarily so depending on how/if the people are related and if they are children or not and what age if they are.


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## ab112 (Oct 11, 2014)

Doesnt that apply to residential housing? What about Houses with multiple occupants? I think each council has different criteria for over-crowding in HMOs but I dont know why solicitors and surveyors would say the accommodation would be fine but they council say NO!

This flat has two bedrooms, a single and a double and with my partner there would be three ppl living there. I could always look for another room but then again it would be a double room in a HMO.


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## ab112 (Oct 11, 2014)

_shel I didnt see your post when I was replying. The person I spoke to was definitely from housing department of the council because I checked his name on their website, I think he was environmental health officer, but he did say he hadn't done too many of them because council dont usually deal with them!

They can inspect the whole property, it is a safe and nice flat. If I go for this flat or another accommodation I am picky about where I live, it has to be nice, safe, clean etc. But I am not sure if a double room in a HMO could pass the inspection or not! I dont want to sign a tenancy for 6 months for a room only to find out two weeks later than it didnt comply with the rules or was over-crowded etc as you may understand!


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## _shel (Mar 2, 2014)

There is no way that a couple sharing a room in a 2 bed property with 1 other person can be overcrowded! Couples are meant to share rooms, so long as their were no other adults there it should be fine. You would need the inspection to prove it for your visa but if you are really worried look for somewhere else.


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## ab112 (Oct 11, 2014)

Thats a good point! I hope the immigration see that way as well! I just worry because I am getting mixed messages! I need to sleep over it. Thanks


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## armani08 (Jan 4, 2014)

Hi All,

Merry Christmas.

I would like some opinion regarding my case. I am renting a 1 bed flat for myself. I have my name written in the tenancy agreement and it also states that I am allowed to have my immediate family i.e. my wife live in the flat.

Now regarding the flat, it has a living room, kitchen, toilet and bedroom. The only thing I am worried is the bedroom is quite small and only has a single bed (I could squeeze in a double bed if I want to.)

I only plan to submit the tenancy agreement and council tax bill with my wife's spouse visa application. Would the Home Office ever find out about the single bed and if so would that be an issue?

Thank you all.


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## stillmatic (Feb 16, 2015)

my wife lives in a 5bedroom house with other tenants. she plans on renting a 1bedroom house if my spouse visa is successful. is it adviceable for her to write a cover letter stating that she will be renting a 1bedroom house if i should be given the visa? thanks


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## nyclon (Apr 3, 2011)

stillmatic said:


> my wife lives in a 5bedroom house with other tenants. she plans on renting a 1bedroom house if my spouse visa is successful. is it adviceable for her to write a cover letter stating that she will be renting a 1bedroom house if i should be given the visa? thanks


She needs to have accommodation set up before you arrive, not "if" you arrive.


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## stillmatic (Feb 16, 2015)

i will be applying next month, April. can we use the tenancy agreement, council tax and utility bill of her current residence which is the 5bedroom house? is a cover letter adviceable. thanks


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## _shel (Mar 2, 2014)

If she is sharing she also need a property inspection and the full details of every person living there.


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## stillmatic (Feb 16, 2015)

Hello, my wife who is my sponsor has her work contract letter addressed to her previous house address. Will that be a problem as she stays at a different address now? thanks


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## stillmatic (Feb 16, 2015)

Hello shel and nycol


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## _shel (Mar 2, 2014)

No not a problem, people move house, it's allowed


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## stillmatic (Feb 16, 2015)

Thanks shel. I really appreciate your quick response


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## stillmatic (Feb 16, 2015)

Full details of other occupants. Does it consist of tenants names, D.O.B, nationality and occupation? is there something missing or not necessary in the above? thanks


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## salix (Apr 27, 2014)

stillmatic said:


> Full details of other occupants. Does it consist of tenants names, D.O.B, nationality and occupation? is there something missing or not necessary in the above? thanks


Their passport numbers if they have one.


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## _shel (Mar 2, 2014)

salix said:


> Their passport numbers if they have one.


 Which would mean indicating their own immigration status.


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## stillmatic (Feb 16, 2015)

One of the tenants refuse to give her passport number for personal and security reason. What should I do?


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## LovelyNJLily86 (Feb 15, 2015)

Hi, I literally just went through this with my application two weeks ago, and I ended worth no problems with an answer in one day.


My husband at the moment lives in a shared accommodation, but will move when I get there next month and we can both apartment hunt together. My husband lives in. 7 bedroom house with 10 people. He was having issues with getting the passport information from two tenants (a couple). Now I don't know their immigration status, but I think it was dodgy- that's bye the bye. Everyone else in the house gave up all the relevant info surprisingly with no issues. There was a woman who told us she didn't have a passport and she was Dutch  One Nigerian just dodged us on the passport, but he did give us his name and so forth. So we put down all the info we had and and out of all those people only two had passports, the rest were EU so they didn't have passports or didn't *need* them. I didn't get a property inspection report and no one ever requested one. I didn't even write a cover letter explaining why I couldn't give all the information. I attached a sticky note to that section and page of the appendix 2.

There is a guide that shows what is considered over crowding and for your wife's house more than 10 would be over crowded. So I'm telling you from experience with this, if she doesn't give her passport that's fine. I got a lot of wrong/vague advice on this topic here that had us stressed for days. So I hope my experience can ease your worry!



stillmatic said:


> One of the tenants refuse to give her passport number for personal and security reason. What should I do?


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## stillmatic (Feb 16, 2015)

Please what did you write on the sticky note? Thanks


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## LovelyNJLily86 (Feb 15, 2015)

As for part 2 question 7, in regards to other tenants; after inquiring, we could only give the relevant information we were given access to. For any other inquiries, please contact (we entered landlord's info in here again as well).




stillmatic said:


> Please what did you write on the sticky note? Thanks


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## nyclon (Apr 3, 2011)

LovelyNJLily86 said:


> There is a guide that shows what is considered over crowding and for your wife's house more than 10 would be over crowded. So I'm telling you from experience with this, if she doesn't give her passport that's fine. I got a lot of wrong/vague advice on this topic here that had us stressed for days. So I hope my experience can ease your worry!


I'm sorry you think you got wrong/vague advice but our advice is based on what has worked in the past. Every application is individual and decided on it's own merits. What worked for you won't necessarily work for another applicant.


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## LovelyNJLily86 (Feb 15, 2015)

Hmmm, did my reply get deleted? Well put it this way, now that it's worked for me, when someone else asks this question you can give broader options. Although I don't think this process is pass or fail. If you tick the boxes you get the application.


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## Mr_B (Apr 8, 2015)

She wasn't wrong at all.

The legal standard defined is that two persons to a typical room is the maximum.

The entire visa application is a check-box process for the clearance officers.
When certain check-boxes are not filled, they will either request further information or deny the application.

It really is as simple as that.

If you're not fulfilling the legal requirements first, "own merits" are irrelevant.



nyclon said:


> I'm sorry you think you got wrong/vague advice but our advice is based on what has worked in the past. Every application is individual and decided on it's own merits. What worked for you won't necessarily work for another applicant.


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## ithinkin (Jan 30, 2015)

LovelyNJLily86 said:


> Hmmm, did my reply get deleted? Well put it this way, now that it's worked for me, when someone else asks this question you can give broader options. Although I don't think this process is pass or fail. If you tick the boxes you get the application.



I don't think it's as simple as that. I also fail to believe this forum doesn't always help. 
What I do believe is that the immigration system is massively inconsistent. You could have an almost perfect application, but still be denied. But someone with bogus docs can be accepted - because the ECO failed to do proper checks.

I'd rather this forum gives honest advise than what's worked for some.


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## Mr_B (Apr 8, 2015)

I actually agree to a point, ithinkin..

It does seem skewed in some cases and there are reports of obviously bogus applications getting through.

In regards to "what's worked for some", you are indeed right.. It's purely anecdotal, as the approval is never detailed as to why it was passed.


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## machodan (Sep 9, 2015)

Hi all. I hope someone can help me on this thread as I have been going nuts due to accommodation requirements. I am hoping to apply in November as spouse of a British Citizen. My husband is currently living in a shared accommodation with a an Assured short term tenancy with 11 more months to go. He has a double room for himself and the other facilities are shared such as toilet etc. The property is a flat with 3 rooms. One room is occupied by landlord and his wife, one by their daughter and the third by my husband. The property is in excellent condition with all the latest facilities.

My worry is that I have read on some forums that it is not suitable to share a property with someone who is not your family. Because I was under the impression that as long u have a room for the exclusive use of the couple an there is no danger of overcrowding u r fine. The landlord is willing to give his consent on allowing me to come and live with my husband. We will be providing the inspection report as well. But I am scared about this shared accommodation thing as I have been reading various views on internet. Please guide me through your experiences if we will be fine. we plan to move into our own place when i will be in uk.


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