# Problems with accommodation for the spouse visa



## bizza (Jun 3, 2013)

Hello everyone,

I need some advice regarding accommodation for the settlement/spouse visa for the UK. Currently I live with my family in a modest 2-bed flat which has no space for somebody extra (we are overcrowded as it is).

I don't know any home-owners or anyone who is willing to write me and my husband a letter stating that we can stay with them should my husband be granted his visa.

I don't see any other option other than renting a room in a share-house and praying that my husband receives his visa and we can both move in should it be granted.

I am very hesitant to do this as I will effectively be paying rent for a place I won't even be living in and if we are turned down I would have wasted thousands of pounds in rent and bills.

Am I missing something? If you have nobody to offer you accommodation is this the only way?

Thank you.


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## AmyD (Jan 12, 2013)

It is always better to live honestly and play by the rules. He should not get a visa because you don't meet the qualifications. Any obfuscation of this fact is only going to hurt you later.


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## bizza (Jun 3, 2013)

Hi,

I think you have misunderstood me. I did not state I do not/will not fulfil all the criteria set out for the spouse visa.

I know that the UKBA recommend not making arrangements in case your visa is turned down, and I was wonder if this applies to accommodation as well, which is why I asked.


Can anybody advise me with regards to my original post? I'd very much appreciate any help/guidance (even if it points in the direction of me having to rent a place out just for the visa).

Thank you.


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## Leanna (Oct 22, 2012)

bizza said:


> Hello everyone,
> 
> I need some advice regarding accommodation for the settlement/spouse visa for the UK. Currently I live with my family in a modest 2-bed flat which has no space for somebody extra (we are overcrowded as it is).


How many people are currently living in the house? And is it only two bedrooms?



> I don't know any home-owners or anyone who is willing to write me and my husband a letter stating that we can stay with them should my husband be granted his visa.
> 
> I don't see any other option other than renting a room in a share-house and praying that my husband receives his visa and we can both move in should it be granted.
> 
> ...


Yes. As part of your application you NEED to prove that you have adequate accommodation for you and your partner to live, without access to public funds and without overcrowding. If you do not have friends or family that have adequate space for you, the only option is to get a place/room/flat where you and your husband can live when he gets the visa. Otherwise your application will be refused on that point. 

Get a place and ensure that papers are signed and you have proof that it is a suitable living situation. Ensure you submit tenancy documents, etc. 

What are your actual accommodation plans if your husband gets his visa? Keep in mind that unless you do not meet the financial requirements, the chances of him getting the visa are good. 



> Thank you.


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## Leanna (Oct 22, 2012)

bizza said:


> Hi,
> 
> I think you have misunderstood me. I did not state I do not/will not fulfil all the criteria set out for the spouse visa.
> 
> ...


Accommodation is part of meeting the criteria for applying for a visa - AmyD was pointing out that unless you fulfil this criteria, there's no point in applying as the application will most likely be refused. 

And while UKBA does state that travel arrangements should not be done before the visa is granted, everything else should be arranged.


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## Joppa (Sep 7, 2009)

There are various ways of approaching this depending on circumstances. If the UK partner is already in UK, he/she can provide a letter from landlord agreeing to your partner joining. If you are both returning to UK together and you don't own a property, it will be difficult to sign and pay deposit and advance rent on a place prior to arriving so staying temporarily with relatives and friends will be the best way. If you cannot, then it gets more complicated. While prospective accommodation is acceptable in such cases, it must be more than a printout of a rental property on offer in your price range and in your chosen location. There must have been a genuine attempt to find a suitable property, with only signatures and deposit and rent payment to be done after arrival. UKBA guidance says:
"Accommodation for the couple will often be prospective rather than available on arrival. The test should be based on the fact that there is a *reasonable prospect *that adequate accommodation will be available."
So you don't have to have accommodation already signed and paid for, but you need more than just a vague idea of where you are going to live. A place on temporary stay such as holiday flat may be allowable provided you make it clear you are moving out as soon as possible to fix more permanent accommodation.


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## bizza (Jun 3, 2013)

Leanna said:


> How many people are currently living in the house? And is it only two bedrooms?
> 
> Get a place and ensure that papers are signed and you have proof that it is a suitable living situation. Ensure you submit tenancy documents, etc.
> 
> What are your actual accommodation plans if your husband gets his visa? Keep in mind that unless you do not meet the financial requirements, the chances of him getting the visa are good.


5 adults so it is unacceptable for a 6th to move in (I deal with housing law on a daily basis at work so I am familiar with the Housing Act, so I know that having a sixth won't be allowed).



Joppa said:


> There are various ways of approaching this depending on circumstances. If the UK partner is already in UK, he/she can provide a letter from landlord agreeing to your partner joining. If you are both returning to UK together and you don't own a property, it will be difficult to sign and pay deposit and advance rent on a place prior to arriving so staying temporarily with relatives and friends will be the best way. If you cannot, then it gets more complicated. While prospective accommodation is acceptable in such cases, it must be more than a printout of a rental property on offer in your price range and in your chosen location. There must have been a genuine attempt to find a suitable property, with only signatures and deposit and rent payment to be done after arrival. UKBA guidance says:
> "Accommodation for the couple will often be prospective rather than available on arrival. The test should be based on the fact that there is a *reasonable prospect *that adequate accommodation will be available."
> So you don't have to have accommodation already signed and paid for, but you need more than just a vague idea of where you are going to live. A place on temporary stay such as holiday flat may be allowable provided you make it clear you are moving out as soon as possible to fix more permanent accommodation.



My husband is in Japan so he isn't with me yet. I have found it difficult to find a landlord who is willing to write me a letter saying we may move in if he is granted the visa and none are willing to wait until then as they loose money in the interim.

I guess I will have to rent a place and pray his visa is successful.

Thank you both.


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## Joppa (Sep 7, 2009)

All you need is a place of your own. Even a studio flat is suitable for a couple unless it's the size of a broom cupboard! Seriously, you don't lose much because you have to live somewhere and while staying rent-free with your parents is nice, most people have to pay.
Ganbatte ne! Best of luck!


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## bizza (Jun 3, 2013)

Joppa said:


> All you need is a place of your own. Even a studio flat is suitable for a couple unless it's the size of a broom cupboard! Seriously, you don't lose much because you have to live somewhere and while staying rent-free with your parents is nice, most people have to pay.
> Ganbatte ne! Best of luck!


I live in London and my annual salary is approx 15,000 pounds. I can't find a studio that is less than £700 p/m in London. I'm happy to rent one, but do you think UKBA will object due to my low salary?

We both have savings which is how we are meeting the financial requirement.

Arigato!


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## AmyD (Jan 12, 2013)

If you're meeting the requirement with savings, they won't care at all about your salary.


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