# Spouse Visa accommodation requirement (Housing benefits)



## leemakhan (Apr 28, 2014)

Hi there, well I am helping my friend with his spouse application, he is on carer's allowance and he is getting housing benefits and we arranged health and safety inspection report but I am not sure if he need the ''No Objection'' letter from his landlord and please if someone could list the required documents in his case and since the council maybe the landlord and if they refuse to give him the letter what we can do in that case? Thank you al in advance.


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## Joppa (Sep 7, 2009)

As far as maintenance requirement is concerned, read https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf and supporting documents required. Basically bank statement up to 6 months, DWP letter of award, evidence of rent and council tax paid (if any).
He should get a letter from his landlord stating that they permit his spouse to live at the property in addition.


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## leemakhan (Apr 28, 2014)

Joppa said:


> As far as maintenance requirement is concerned, read https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf and supporting documents required. Basically bank statement up to 6 months, DWP letter of award, evidence of rent and council tax paid (if any).
> He should get a letter from his landlord stating that they permit his spouse to live at the property in addition.


Thank you Joppa, your replies always of great help, 

My friend house is provided by council so I think the council is his landlord and can I ask them for this letter and can they refuse to give him this letter? 

thank you,


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## Joppa (Sep 7, 2009)

Most council houses are now managed/owned by a housing association so contact them for the letter. It will only be refused if it's against his tenancy rules.


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## leemakhan (Apr 28, 2014)

Joppa said:


> Most council houses are now managed/owned by a housing association so contact them for the letter. It will only be refused if it's against his tenancy rules.



Exactly but his housing association has said that they can not do so unless the council give them permission cos the house is provide to him on the council requests so don't know where exactly he stands. 

Thank you,


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## Joppa (Sep 7, 2009)

Ok, get in touch with the housing dept then.


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## leemakhan (Apr 28, 2014)

Joppa said:


> Ok, get in touch with the housing dept then.


THANK YOU,
The council and the housing association both refused to give him the letter.


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## Joppa (Sep 7, 2009)

Why?


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## leemakhan (Apr 28, 2014)

Joppa said:


> Why?


they saying we don't give such letters,

thanks


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## Joppa (Sep 7, 2009)

Just show them the visa guidance, and how landlord's permission is required to meet the accommodation requirement.


> 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.


https://www.gov.uk/government/publi...-maa--2#maa9-assessing-adequate-accommodation


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## leemakhan (Apr 28, 2014)

Joppa said:


> Just show them the visa guidance, and how landlord's permission is required to meet the accommodation requirement.
> 
> https://www.gov.uk/government/publi...-maa--2#maa9-assessing-adequate-accommodation


Thank you, just forwarded the above text, and will let you know when they get back to us,


Thank you,


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## leemakhan (Apr 28, 2014)

Hi all, 

I am helping a friend with his spouse application, his is on carer's allowance and income support and I been told by a legal adviser that Income support is not considered as income so please if anyone can clarify this for us and please if you refer us the sources from the Home office websites/documents.

Thank you,


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## Joppa (Sep 7, 2009)

> 5.1 Assessing the adequacy of the funds available
> In calculating whether the applicant can be adequately maintained, the decision maker should follow the following steps:
> (a) Establish the sponsor’s and/or applicant’s (if they are in the UK with permission to work) current net income. The net income should be established and if the income varies, an average should be calculated. *Income from benefits can be included as income*.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf

Since Income Support is definitely a state benefit, it can be counted.


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## leemakhan (Apr 28, 2014)

Joppa said:


> https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf
> 
> Since Income Support is definitely a state benefit, it can be counted.


Thank you and please if you could help me write the 
Argument that the spouse will not claim any state
Funds and will accommodate and mention him self when he come to uk? 

Thank you so much,


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## Joppa (Sep 7, 2009)

The UK sponsor is allowed to claim benefits, but has to disclose that their non-EEA spouse who is now in UK is subject to immigration control and cannot access public funds. DWP will then re-assess their eligibility accordingly.


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## leemakhan (Apr 28, 2014)

Thank you and we don't have to write anything
On the application cos I was told that if 
We on benefits but how we can support the spouse? 

Thank you so much for your help


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## leemakhan (Apr 28, 2014)

Joppa said:


> The UK sponsor is allowed to claim benefits, but has to disclose that their non-EEA spouse who is now in UK is subject to immigration control and cannot access public funds. DWP will then re-assess their eligibility accordingly.


Hi there

I have questions in regards to a tenancy agreement,
The tenancy agreement was signed on the 25th April 2014 for six months
And will be making spouse application in around early September so
Should we get a renewed agreement from October, or we can just attached the April agreement tho we know that it will run out in about October?


Thank you


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## Joppa (Sep 7, 2009)

Tenancy agreement is fine as it is. Most agreements are for 6 months to a year and unless cancelled by either side, will continue as periodic tenancy indefinitely.


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## leemakhan (Apr 28, 2014)

Joppa said:


> Just show them the visa guidance, and how landlord's permission is required to meet the accommodation requirement.
> 
> https://www.gov.uk/government/publi...-maa--2#maa9-assessing-adequate-accommodation


Hi there

We still in the processing of getting a letter from the
Housing association and the council but both refused to provide us
With the letter cos they do not have a duty towards spouse who lives abroad 

And we are advised that assured tenancy agreement with Healy and safety report
Maybe fine for the visa application, please let us know if the landlord permission
Letter is must? 

Thank you


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## leemakhan (Apr 28, 2014)

Joppa said:


> Tenancy agreement is fine as it is. Most agreements are for 6 months to a year and unless cancelled by either side, will continue as periodic tenancy indefinitely.


Hi there
Can we use the tenancy agreement for spouse application
If sponsor living in share accommodation and the landlord
Also living at the same house? 

Thank you


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## leemakhan (Apr 28, 2014)

Hi there
Can we use the tenancy agreement for spouse application
If sponsor living in share accommodation and the landlord
Also living at the same house? 

Thank you[/QUOTE]


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