Advanced Teancy Agreement. Need help

Hi,

I am on ILR and want to apply for my wife and 2 daughters (2 and 5 years old) as my dependant on FLRM. I am already earning £25k continuous employment so will be going for Cat-A option. Since they are not here with me so i have rented a room in shared accommodation to reduce cost and save money for the expensive application fees and solicitor costs. I am aware i will have to rent 2 bed flat or house for my family. One of my colleague has a 2 bed house in his name in Milton keynes and he said he has no problem renting it to me when needed and also agreed that once my family is here, i can then start paying him rent from that month and no deposit needed as we have been working together for last 6 years so trust is there. I work in london so that would mean relocating to milton keynes which is not a problem by train for me and i also drive.

My question is, Can i make submit a post dated tenancy agreement while making application for my wife and 2 kids? Keeping in mind that i haven't paid anything to him yet and payment will start commencing once my family is here and we move in (which will be week before my family lands here). he has no problem issuing me letter agreeing to my family and kids moving in with me.

I can rent the 2 bed flat now but it will be complete waste of money as im not sure what will happen down the road with their visas and i will be wasting money on 2 bed flat extra rent and commute and expenses which i can use better for expenses of my wife and kids while they are back home.

If i submit post dated tenancy agreement + letter from landlord (my colleague) should that be enough and will that cause any problems? No deposit or payment done to him as we agreed to start once we move in.

Please advise.

Best regards

shah2608 wrote:Hi,

I am on ILR and want to apply for my wife and 2 daughters (2 and 5 years old) as my dependant on FLRM. I am already earning £25k continuous employment so will be going for Cat-A option. Since they are not here with me so i have rented a room in shared accommodation to reduce cost and save money for the expensive application fees and solicitor costs. I am aware i will have to rent 2 bed flat or house for my family. One of my colleague has a 2 bed house in his name in Milton keynes and he said he has no problem renting it to me when needed and also agreed that once my family is here, i can then start paying him rent from that month and no deposit needed as we have been working together for last 6 years so trust is there. I work in london so that would mean relocating to milton keynes which is not a problem by train for me and i also drive.

My question is, Can i make submit a post dated tenancy agreement while making application for my wife and 2 kids? Keeping in mind that i haven't paid anything to him yet and payment will start commencing once my family is here and we move in (which will be week before my family lands here). he has no problem issuing me letter agreeing to my family and kids moving in with me.

I can rent the 2 bed flat now but it will be complete waste of money as im not sure what will happen down the road with their visas and i will be wasting money on 2 bed flat extra rent and commute and expenses which i can use better for expenses of my wife and kids while they are back home.

If i submit post dated tenancy agreement + letter from landlord (my colleague) should that be enough and will that cause any problems? No deposit or payment done to him as we agreed to start once we move in.

Please advise.

Best regards

You can submit a post-dated tenancy agreement. You must show that the accommodation will be available when your family arrive in the UK.

A FLR(M) visa is applied for after 2.5 years, not prior to entry from outside of the UK. Are your wife and children applying for a PBS Dependent visa or a family settlement visa?

If they are not in the UK, you cannot apply using FLR(M). This form is ONLY for applications made in the UK.

They have to apply on VAF4A and Appendix 2 if they are outside the UK. They also have to pay the immigration health surcharge of £600 each.

You have to prove you have adequate accommodation at the time of application. You would have to explain the move in a letter as UKVI might not accept it 'post dated' as you could technically cancel the agreement and keep family in a rented room.

Why do you need a solicitor to do the application? Waste of money in my opinion, very expensive 'form filler'.

Edit : Beaten by 'miss almost speedy fingers' Casa

CR001 wrote:If they are not in the UK, you cannot apply using FLR(M). This form is ONLY for applications made in the UK.

They have to apply on VAF4A and Appendix 2 if they are outside the UK. They also have to pay the immigration health surcharge of £600 each.

You have to prove you have adequate accommodation at the time of application. You would have to explain the move in a letter as UKVI might not accept it 'post dated' as you could technically cancel the agreement and keep family in a rented room.

Why do you need a solicitor to do the application? Waste of money in my opinion, very expensive 'form filler'.

Edit : Beaten by 'miss almost speedy fingers' Casa

Thanks @Casa and @ CR001 for prompt replies.

Yes, they will be applying outside the UK and i know the extra expense of IHS .

I was about to ask @Casa how will i proof that the accommodation will be available at the time of their arrival, i mean is there any official way set by HO to proof it but now after reading @CR001 comment, i dont know if its the right question to ask

@CR001 my brother in law owns a 4 bed house and also offered me the upper portion (2 bed and bath) and said i can live there till i find adequate accommodation for my family when they are here. He will give me the tenancy agreement and letter and he will be living at ground floor portion (again 2 bed and a bath) with his wife and 2 kids. Do you think that will be more eligible option? will that clash with over crowding clause in any way ? again, there will be no payment of rent till i move in. lastly, do i also have to proof that the accommodation will be available when my family arrives? like letter from landlord (my brother in law). could you advise me on this please.

Thanks very much guys.

See link below. 2 bed and bath should be sufficient for your family.

http://www.immigrationboards.com/immigr ... t6227.html

If you are working in London but showing accomodation in London Keynes then it may look suspicion in the eyes of HO although nobody ever be refused on grounds of distance between the job and accomodation if the documents relating to accomodation are verifiable & sufficient like tenancy agreement, landlord no objection letter for partner living, property inspection report etc.

seagul wrote:If you are working in London but showing accomodation in London Keynes then it may look suspicion in the eyes of HO although nobody ever be refused on grounds of distance between the job and accomodation if the documents relating to accomodation are verifiable & sufficient like tenancy agreement, landlord no objection letter for partner living, property inspection report etc.

London to Milton Keynes is easily commutable either by train or 90 minutes or so by car via the M1.

Wrong to claim however that no one was ever refused on grounds of distance.

Casa wrote:

seagul wrote:If you are working in London but showing accomodation in London Keynes then it may look suspicion in the eyes of HO although nobody ever be refused on grounds of distance between the job and accomodation if the documents relating to accomodation are verifiable & sufficient like tenancy agreement, landlord no objection letter for partner living, property inspection report etc.

London to Milton Keynes is easily commutable either by train or 90 minutes or so by car via the M1.

Wrong to claim however that no one was ever refused on grounds of distance.

Since you don't know the work place location in London so the time you mentioned on train journey and road route maybe a bit longer. A lot of London areas are 1-2 hours away from station serving Milton Keynes trains and if by road then before getting M1 several other roads, slips roads and dual c arriageways has to cross over. And regarding refusal on distance ground I never read on forum.

seagul wrote: And regarding refusal on distance ground I never read on forum.

There have been a couple of refusal (accommodation in York and work in London or accommodation in Scotland with family and work in Birmingham, for example).

CR001 wrote:

seagul wrote: And regarding refusal on distance ground I never read on forum.

There have been a couple of refusal (accommodation in York and work in London or accommodation in Scotland with family and work in Birmingham, for example).

Milton Keynes is about 30-45 mins in train and by car M1 about 50 minutes (timescale given by my colleague who travels everyday from Milton keynes to london for work via Milton keynes to Euston and vice versa). Since i work in central so Euston is close. By car (depending on traffic and road works) it takes about 50 to 60 minutes (again thats timescale for weekends only. Weekdays takes longer time).

Considering that, i will only be 30 mins train ride away from work or 45 mins give or take. Should that raise suspicion with HO? knowing its not cheap to live in London with family and renting house / flat with skyrocketed rents. most of my colleagues are living out of london and commuting daily to work. Shouldnt that be considered norm if explained in cover letter?

shah2608 wrote:

CR001 wrote:

seagul wrote: And regarding refusal on distance ground I never read on forum.

There have been a couple of refusal (accommodation in York and work in London or accommodation in Scotland with family and work in Birmingham, for example).

Milton Keynes is about 30-45 mins in train and by car M1 about 50 minutes (timescale given by my colleague who travels everyday from Milton keynes to london for work via Milton keynes to Euston and vice versa). Since i work in central so Euston is close. By car (depending on traffic and road works) it takes about 50 to 60 minutes (again thats timescale for weekends only. Weekdays takes longer time).

Considering that, i will only be 30 mins train ride away from work or 45 mins give or take. Should that raise suspicion with HO? knowing its not cheap to live in London with family and renting house / flat with skyrocketed rents. most of my colleagues are living out of london and commuting daily to work. Shouldnt that be considered norm if explained in cover letter?

Yes and the ECO should be well aware that Milton Keynes is within daily commuting time.

Generally speaking it should be acceptable as even within London from one end of zone 6 to other end of zone 6 of tube the people travel for work which can take up to 2 hours. A lot of peole living in Luton, Aylesbury, St Albans, Watford do travel to London on daily basis and even some people if mainly belongs to Birmingham, York, Scotland even northern Ireland work in London and temporarily live in London but in off days go back to their original county where their family living. But when it comes to visa then it all depends on individual caseworker as how he assume it.

seagul wrote:Generally speaking it should be acceptable as even within London from one end of zone 6 to other end of zone 6 of tube the people travel for work which can take up to 2 hours. A lot of peole living in Luton, Aylesbury, St Albans, Watford do travel to London on daily basis and even some people if mainly belongs to Birmingham, York, Scotland even northern Ireland work in London and temporarily live in London but in off days go back to their original county where their family living. But when it comes to visa then it all depends on individual caseworker as how he assume it.

Seagul, Milton Keynes is on a main commuter route into London which is the only issue here. You're over-complicating this and are likely to cause the OP unnecessary concern.

Casa wrote:

seagul wrote:Generally speaking it should be acceptable as even within London from one end of zone 6 to other end of zone 6 of tube the people travel for work which can take up to 2 hours. A lot of peole living in Luton, Aylesbury, St Albans, Watford do travel to London on daily basis and even some people if mainly belongs to Birmingham, York, Scotland even northern Ireland work in London and temporarily live in London but in off days go back to their original county where their family living. But when it comes to visa then it all depends on individual caseworker as how he assume it.

Seagul, Milton Keynes is on a main commuter route into London which is the only issue here. You're over-complicating this and are likely to cause the OP unnecessary concern.

I am not over complicating to OP rather mentally preparing that there would not be 100% guarantee that such accomodation will be acceptable since we have no guidance over the accomodation distance to work place and all will be in the hands of caseworker. The fact you are saying on general grounds is correct and I am agreed but when it comes to visa where HO don't leave any chance even they committ silly mistakes. Again I am not over complicating rather mentally preparing to OP and in my point of view if he is living in shared accomodation in London then he should try there as well where he will need property inspection report and landlord no objection letter and if he manages to get that then should prefer that.

CR001 wrote:See link below. 2 bed and bath should be sufficient for your family.

http://www.immigrationboards.com/immigr ... t6227.html

@shah2608 getting this back on track, as my fellow moderator CR001 has advised this accommodation should be fine.

As you are already aware, Milton Keynes to London will be a viable daily commute. No ECO with any sense would consider a travelling distance of 40 miles or so unacceptable and neither would it justify a refusal within the Regulations.

Casa wrote:

CR001 wrote:See link below. 2 bed and bath should be sufficient for your family.

http://www.immigrationboards.com/immigr ... t6227.html

@shah2608 getting this back on track, as my fellow moderator CR001 has advised this accommodation should be fine.

As you are already aware, Milton Keynes to London will be a viable daily commute. No ECO with any sense would consider a travelling distance of 40 miles or so unacceptable and neither would it justify a refusal within the Regulations.

Thanks very much @Casa , @CR001 and @seagul for your very informative and helpful inputs. It helped me alot in understanding my staus quo and what will i need to do

As i mentioned earlier, getting a 2 bed flat in london is overly expensive for me right now compared to Milton Keynes option which is half of what i will pay in london and considering i will be occupying 2 bed flat on my own and even then wont be sure about their visa. Incase its rejected for any HO silly mistake, i will be stuck paying for 2 bed flat and bills and might loose deposit for early termination etc etc and then again looking to move in somewhere more affordable. safer option for me is to have a post dated agreement (which, in all honesty, other private landlords dont do and in all fairness, i dont blame them). Dont know how HO case worker cant figure out and see these issues when they themselves are part of this society and living amongst us .

I guess i will have to take up the option of my brother in law offering upper portion of his house (2 bed and bath) which is also in line with over crowding clause (Thanks to @CR001 for sharing the link) so no worries there. Get tenancy agreement from him and no objection letter and then explain in cover letter for ECO that I will be shifting there depending on the outcome of the application for my wife and kids and will also attach another letter by my brother in law stating clearly that the payment will commence once we move in, in future date (depending on visa status of my wife and kids) and also mentioning that the portion will be available whenever they want to move in. Will also try to get the inspection report from him or get it done. And to keep things simple and not complicating on tenancy agreement, Wont mention my brother in law but just a landlord.

I guess that should do. If i am missing anything, please do guide me in right direction.

You all have been great help guys. Much appreciated.

There's no problem with living in accommodation owned by relatives. My husband and I gave my son's address when we re-located from Spain before moving into our own flat. My son submitted a letter of invitation.