Overcrowding

[delboyt46]

Hi,

My employees Dependant Visa was refused fro his son based on overcrowding.

His accomodation is a ground floor masionette with a large living room,Spam,bathroom and seperate bedroom.

As I understand it has two rooms.He intends to live there with his partner,son (aged 12) and son aged 3.Therefore he would libe there with 3.5 persons? Does he need a two bedroom flat with seperate lounge.Any help appreciated.The housing act does seem clear in this situation.

D Trotter

[vinny]

See also MAA14 Overcrowding.

[hmm]

Hi,
As I understand it has two rooms.He intends to live there with his partner,son (aged 12) and son aged 3.Therefore he would libe there with 3.5 persons? Does he need a two bedroom flat with seperate lounge.Any help appreciated.The housing act does seem clear in this situation.
D Trotter

Is there a hallway in the property? is the lounge is self contained? i.e has a door and not open tp Spam, bathroom, etc.

[delboyt46]

Hi,

The property has an hallway leading to a separate Spam,separate bathroom and a bedroom and living room.The property is huge-the bedroom contains a double bed with lots of walking space around and a living area which contain a double bed as well as living space.

Would it be worth appealing with photos,measurements etc?

Any advice appreciated.Does a reception count as additional room?

[batleykhan]

What is the size of the bedroom and lounge. Forget the Spam, hallway and bathroom as they do not count.

get me the size of these rooms and I will tell you whether it will be classed as overcrowded.

Also how many people and their ages are going to live there.

[batleykhan]

Permitted Number of Persons

Having regard to the overcrowding legislation contained within the Housing Act 1985, which allows the following amount of minimum floor space per person:

Floor Area --------------------- Number of Persons

4.645sqm – 6.503sqm ------ 0.5
6.503sqm – 8.36sqm ------- 1
8.36sqm – 10.219sqm------- 1.5
10.219sqm and over ------ 2

For overcrowding purposes a child below the age of 1 year does not count, but a child over the age of 1 but below the age of 10 years should count as half of one unit. A person above the age of 10 years shall count as one full unit.

[delboyt46]

1 Father (Over 18)
1 Mother (Over 18)
1 Son (12yrs Old)
1 Son (4 yrs old)

Lounge is 3m 50 x 6m

Bathroom is 2m 20cm x 2m

Corridor (Entrance Hall) 3m 30cm x 1m 80cm

Bedroom 3m 20cm x 3m 20cm

Spam 2m 20cm x 3m 20cm

If you can give accurate information most appreciate.Once we know situation I can advise whether moving is appropriate.

Many Thanks Again.............................

[batleykhan]

Ok here you are

Lounge = 3.5052m x 6.0 m = 21.0312sqm = 2 PEOPLE

Bedroom = 3.2004m x 3.2004m = 10.242sqm = 2 PEOPLE

Your total family unit is 3.5

Therefore in my opinion the space you have in this ground floor maisonette would not make it overcrowded under the Housing Act 1985.

However I can understand why the ECO has refused you. He is under the impression that its a one bedroom flat,therefore all four of you cant share one bedroom. Most families do not use the lounge as a bedroom.I think it would be inappropiate for you to do that as well espicially if you intend to stay there for a long time.

I would therefore recommend that you move into at least a 2bedroom property at the minumum to stand a chance of getting a visa.

Hope this helps