# Spouse Visa Accommodation



## MikeCHD (Dec 29, 2014)

Hi, 

I have a few questions about the spouse visa (suitable accommodation). I have searched the forum for an answer already but I haven't found what I'm looking for. 

I am British and I'm married to an American. We are in the process of applying for the spouse visa. 

Just to give a bit of background information. I currently rent a room in a large house with 23 other people. There are 20 bedrooms, 6 bathrooms, 1 large kitchen / diner and 2 living rooms. I can get a letter from the landlord allowing my wife to stay here with me. My plan is to move my wife into this house but I do not know what criteria is used to measure 'overcrowding'. 

My other option (B) is to move in with my brother. He owns a 3 bed house and lives in it with just his girlfriend. 

These are my questions: 

1) What is the specific overcrowding criteria that the accommodation needs to meet? Does anyone have a link to the legislation / criteria / guidance please? 
2) What other criteria does the accommodation need to meet (other than overcrowding)?
3) What evidence should I provide to meet the criteria? 
4) If I go for option B, can my brother write a letter stating that myself and my wife can move into his house once my wife travels over (I intend to stay in my current rented room until my wife arrives)? Or do I need to move in with my brother before we submit the visa application? 

Thanks in advance for all your help. I apologise if these questions have been asked before. 

All the best, 

Mike.


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## Joppa (Sep 7, 2009)

1) to 3). The biggest problem is you need to give the name and passport number of all other residents sharing your property, which is completely unrealistic.
4) The answer is yes. Plus evidence of ownership such as land registry certificate (for £3), council tax or utility bill as evidence of occupation. Property inspection report may also be useful. You don't need to move in prior to your wife's arrival but it must be available for her to move into.


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## MikeCHD (Dec 29, 2014)

Thanks for your reply Joppa, that’s very helpful. Considering what you said, I’m going to list my brother’s private home on the application. My wife has started her application from the USA and we have a few further questions: 

1)	I just want to check that we are applying for the correct visa. There are many options within the settlement visa category including wife, husband and marriage. I assume my wife should select ‘wife’? 

2)	There is a question which asks my wife how long she intends to stay in the UK. What should my wife put? We intend to stay here forever. Is it ok to put this? 

3)	There is a question which asks my wife what her relationship is to her sponsor. The options are father, daughter, sister, uncle, friend etc but there is no option for ‘husband’. I am confused by this? 

4)	My brother’s property is not registered with land registry because he bought it donkeys years ago. What can be used to prove ownership instead (my brother doesn’t want the hassle of registering his property)? Will the clearance officer accept deeds to the land? Would a mortgage agreement add any weighting? 

5)	My wife and I are able to live with my brother for as long as we need to. However, we only intend to stay here as a temporary arrangement. Should we mention this in our letter? Or will we be penalised for not having a longer term arrangement? I could always state that it is a long term plan just to make things simple. 

6)	I am employed full time and earn above the minimum amount for the visa. I have gathered payslips, a letter from my employer and bank statements to prove my job/salary. Is it mandatory to include my contract in the application? Is it likely that the visa would be granted without a contract included? 

7)	My wife lost one of her passports a long time ago. She has no record of the passport number or expiry dates etc. How should we record this in the application as the application requires the passport details even if it is lost / stolen? 

Thanks in advance for all your help. By the looks of it, you do a stellar job round here! 

All the best, 
Mike.


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## nyclon (Apr 3, 2011)

MikeCHD said:


> Thanks for your reply Joppa, that’s very helpful. Considering what you said, I’m going to list my brother’s private home on the application. My wife has started her application from the USA and we have a few further questions:
> 
> 1)	I just want to check that we are applying for the correct visa. There are many options within the settlement visa category including wife, husband and marriage. I assume my wife should select ‘wife’?


Yes.



> 2)	There is a question which asks my wife how long she intends to stay in the UK. What should my wife put? We intend to stay here forever. Is it ok to put this?


Put the length of the visa. It is issued for 33 months and you can apply for your next visa after living in the UK for 30 months. While her intention is to stay forever she won't be able to do that until she is actually settled which will take 5 years.



> 3)	There is a question which asks my wife what her relationship is to her sponsor. The options are father, daughter, sister, uncle, friend etc but there is no option for ‘husband’. I am confused by this?


An unfortunate glitch. Put other and in additional information make a note of spouse or husband.



> 4)	My brother’s property is not registered with land registry because he bought it donkeys years ago. What can be used to prove ownership instead (my brother doesn’t want the hassle of registering his property)? Will the clearance officer accept deeds to the land? Would a mortgage agreement add any weighting?


The deed is fine and you can add the mortgage agreement.



> 5)	My wife and I are able to live with my brother for as long as we need to. However, we only intend to stay here as a temporary arrangement. Should we mention this in our letter? Or will we be penalised for not having a longer term arrangement? I could always state that it is a long term plan just to make things simple.


They want to make sure that she has some place to stay when she arrives and it doesn't matter for how long. It's fine to mention in your letter that you plan to find your own place soon.



> 6)	I am employed full time and earn above the minimum amount for the visa. I have gathered payslips, a letter from my employer and bank statements to prove my job/salary. Is it mandatory to include my contract in the application? Is it likely that the visa would be granted without a contract included?


 You should include your contract and P60 if you have them. A letter of employment is mandatory.



> 7)	My wife lost one of her passports a long time ago. She has no record of the passport number or expiry dates etc. How should we record this in the application as the application requires the passport details even if it is lost / stolen?


Did she not report it as lost or stolen? Explain in the additional information section.


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## MikeCHD (Dec 29, 2014)

Thanks Nyclon for your response back in January, you cleared up many of our questions. 

There has been a huge delay to get hold of the deeds to my brothers house (its not registered with LR and the deeds are held by a deed company etc etc). 

I have another plan: my friend and his wife has just purchased a 3 bed house for themselves. He said I can move in with my wife initially. Is it allowable to do this? I have read in the guidance that you can live with family but I haven't read about friends. 

If this is ok, is the following evidence sufficient: 

1. Letter from sponsors friend giving permission for me and my wife to stay (including photos and floor plan)
2. Council tax letter to prove friends occupancy 
3. Deeds / land registry docs to prove friends ownership 

Thanks in advance. I don't know what I'd do without this forum! 

Mike.


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## Joppa (Sep 7, 2009)

Yes, you can live with friends.
Plus preferably property inspection report, from local council, surveyor or online provider.


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## MikeCHD (Dec 29, 2014)

Thanks Nyclon for your swift response; I’m just about their with the visa application. I have a few more questions that I would appreciate answering before I send it off: 

1.	The letter from my employer will be approximately 6 weeks old when my wife submits the application. Does the letter fall within the 28 day rule? It’s worth noting that my latest payslip will only be about 20 days old so this should be good. 

2.	When we got married, we were printed the actual marriage certificate and then 3 official copies. Is it ok to send the official copy or does the original need to be sent? 

3.	1.19 of the VAF4A asks “have you lived with your sponsor in a relationship akin to a marriage or a civil partner at any time?” What does this mean? We have lived together temporarily when we visited each other. These visits ranged from 2 weeks to 3 months at a time. If we put ‘no’, will this go against the marriage visa? 

4.	Can you please scan your eyes over the contents of the visa application and highlight anything major that we are missing? 

Introductions 
1.	Letter of introduction from Applicant and from Sponsor 
2.	Travel itinerary 

Paperwork 
3.	Appendix 2 - VAF4A 
4.	Spouse Visa Application
5.	Biometrics 

Photos and passports 
6.	Applicant – 1 x current passport and 3 x previous passports 
7.	Applicant – 2 x British sized passport photos 
8.	Sponsor – photocopy of current passport 

Employment 
9.	Letter from Sponsor’s employer 
10.	6 x months of Sponsor wage slips 
11.	6 x months of Sponsor bank statements 
12.	Sponsor’s P60 for 3 previous tax years 

Housing 
13.	Letter from Sponsor’s friends confirming suitable accommodation 
14.	Property Deeds detailing ownership of Sponsor’s Friend’s house 
15.	Rightmove house advert detailing sizes of rooms in the house 
16.	Household bill proving residence in house by Sponsor’s friends 

Marriage 
17.	Official copy of marriage certificate 
18.	History of our relationship with 22 photos 
19.	Flight tickets from visits to/from applicant/sponsors countries 
20.	Sample of email communications (1 for each month)
21.	Sample of skype communications (1 for each month)

Thanks in advance for all your help.


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## nyclon (Apr 3, 2011)

MikeCHD said:


> Thanks Nyclon for your swift response; I’m just about their with the visa application. I have a few more questions that I would appreciate answering before I send it off:
> 
> 1.	The letter from my employer will be approximately 6 weeks old when my wife submits the application. Does the letter fall within the 28 day rule? It’s worth noting that my latest payslip will only be about 20 days old so this should be good.


A forum member was recently refused and 1 of the reasons was that the letter of employment was more than 28 days old. Best to have it updated..



> 2.	When we got married, we were printed the actual marriage certificate and then 3 official copies. Is it ok to send the official copy or does the original need to be sent?


A certified copy is fine..



> 3.	1.19 of the VAF4A asks “have you lived with your sponsor in a relationship akin to a marriage or a civil partner at any time?” What does this mean? We have lived together temporarily when we visited each other. These visits ranged from 2 weeks to 3 months at a time. If we put ‘no’, will this go against the marriage visa?


You haven't lived together you've only visited each other. Answer no. 





> 4.	Can you please scan your eyes over the contents of the visa application and highlight anything major that we are missing?
> 
> Introductions
> 1.	Letter of introduction from Applicant and from Sponsor
> ...


Fine



> Photos and passports
> 6.	Applicant – 1 x current passport and 3 x previous passports
> 7.	Applicant – 2 x British sized passport photos
> 8.	Sponsor – photocopy of current passport


Fine



> Employment
> 9.	Letter from Sponsor’s employer
> 10.	6 x months of Sponsor wage slips
> 11.	6 x months of Sponsor bank statements
> 12.	Sponsor’s P60 for 3 previous tax years


Only the most recent P60 is necessary. Include your contract if you have it..



> Housing
> 13.	Letter from Sponsor’s friends confirming suitable accommodation
> 14.	Property Deeds detailing ownership of Sponsor’s Friend’s house
> 15.	Rightmove house advert detailing sizes of rooms in the house
> 16.	Household bill proving residence in house by Sponsor’s friends


The letter from your friend needs to give you and wife permission to live there. You should really have a property inspection if you are sharing accommodation.



> Marriage
> 17.	Official copy of marriage certificate
> 18.	History of our relationship with 22 photos
> 19.	Flight tickets from visits to/from applicant/sponsors countries
> ...


15 photos at most including the wedding. 1-2 log pages only of email and skype logs for every 6 months or so.


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## MikeCHD (Dec 29, 2014)

Thanks Nyclon. Much appreciated. 

What happens if I don't submit the property inspection report or any other document which they deem necessary? Do they give me a chance to submit additional documents within a given time or do they plain bank refuse the application and make me reapply and pay an additional £900?


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## nyclon (Apr 3, 2011)

They are under no obligation to contact you to ask for additional documents. ] It's your job to provide all the documents to make the strongest case for your application. Yes, if refused you will have to reapply and pay the fee again. Alternatively, you could appeal which could take a year.


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## MikeCHD (Dec 29, 2014)

OK Joppa, thanks for outlining that. This should be my last question before I deliver the excellent news in a few months time that my wife can come to the UK... 

Am I able to post the visa documents internally (from the UK) to Sheffield? 

My understanding is that I can do this but I need to include prepaid delivery instructions (on a prepaid account with UPS / DHL) so that the visa can be posted to my wife in the USA.

I have all necessary documents with me in the UK including the printed online application. So I assume I just need my wife to send me the biometrics receipt once she has attended her appointment this Friday? I can then add this to the application and send it to Sheffield myself.


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