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Spouse visa approved! Comment on false property inspection report advice.

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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akaaka
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Joined: Mon Jan 13, 2020 12:15 am

Spouse visa approved! Comment on false property inspection report advice.

Post by akaaka » Mon Jan 13, 2020 1:01 am

I was a former member here before my (recently successful :D ) spouse visa application, but I am unable to recover my passport to that account.

Our case was straightforward but I was always confused about the advice shared by many about the required accommodation documents/evidence as my living situation is that I share a 2b2b rented property in the UK, sharing with a non-related friend where we are both co-tennants on the lease with the letting agency. I read countless threads where it was very confidently stated that a property inspection report (and sometimes photos of the property) are 100% needed where the accomodation will not be exclusively occupied by the couple (or similar co-habiting scenarios). Several prominent posters constantly repeat this advice, to the point that it has essentially become an unofficial requirement. I was told as fact that I must obtain the housing report in addition to landlords permission or be refused on grounds of unsuitable accomodation evidence.

Opting not to use a lawyer or paid advice service since my wife and I's case was straight forward (i.e. we clearly meet all the requirements) I read all the .gov documents and appendixes relating to the applications in full several times and could not once find where this requirement for a housing report originated from. So for our accomodation documents I simply submitted a short letter from the letting agent confirming the landlord gave permission for my wife to move in along with the 2 existing tennants which also stated the number of rooms in the property, as well as a scanned copy of our lease.

In any case, our spouse visa (non-priority) was just approved after a little over 2 calender months from submission of her passport at the foreign visa center.

I am extremely greatful for all the free and helpful advice offered by the active members of this community. I just wanted to mention that this one specific little bit of well-meaning advice doenst really benefit anyone beside the firm's who have popped up offering these property reports.

sosh
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Posts: 1
Joined: Mon Jan 13, 2020 9:52 am
Tunisia

Re: Spouse visa approved! Comment on false property inspection report advice.

Post by sosh » Mon Jan 13, 2020 10:14 am

Congratulations on having your visa approved! There is hope for us all!

I am from the UK and my husband is Tunisian, we have been together about 2 and a half years and married since May 2019.

We will be starting the visa process within the next couple of months (waiting for cash savings to 'top up' my income to have been held for 6 months). I thought we had everything sussed out and then my husband spoke to a friend last night who has successfully moved to England last year and he mentioned to him about the accommodation.

Our original plan was to move back in with my father for the short term, we will be hoping to purchase a house within a few months of his arrival. My father's house has 4 bedrooms, 3 living rooms, but only one bathroom. As far as I know he still has a mortgage on it. It is currently occupied by my father and my brother. Unfortunately common areas such as the bathroom and Spam are in dire need of repair (you put up with it living there, but wouldn't want anyone else to). From what I've read we would need to have an inspection of the property, which I'm sure would deem it unsuitable in it's current state. Even if we just submit photos of the property as proof there is adequate room available, it still looks a state and I'd worry that it wouldn't be up to standard.

I am currently staying with my sister as I babysit my niece a few nights a week when she works. Her house is owned by my father and brother, and is mortgage free. There are 2 living rooms, 3 bedrooms and 1 bathroom. Currently living here there is me (large private bedroom), my sister (own private bedroom) and my 4 year old niece (own private bedroom).

The rules are just very confusing to me. Are we classed as 1 family being that we're related, or would we become 2 families if my husband were to move in? Is her house big enough to accommodate 3 adults and a child? I feel like the best option is to stay here with my sister in the short term while we complete the application but now I'm just really confused about it all.

Appreciate any help anybody can offer.

TODMATT
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Joined: Wed Jun 13, 2012 1:09 pm

Re: Spouse visa approved! Comment on false property inspection report advice.

Post by TODMATT » Mon Jan 13, 2020 3:58 pm

akaaka wrote:
Mon Jan 13, 2020 1:01 am
I was a former member here before my (recently successful :D ) spouse visa application, but I am unable to recover my passport to that account.

Our case was straightforward but I was always confused about the advice shared by many about the required accommodation documents/evidence as my living situation is that I share a 2b2b rented property in the UK, sharing with a non-related friend where we are both co-tennants on the lease with the letting agency. I read countless threads where it was very confidently stated that a property inspection report (and sometimes photos of the property) are 100% needed where the accomodation will not be exclusively occupied by the couple (or similar co-habiting scenarios). Several prominent posters constantly repeat this advice, to the point that it has essentially become an unofficial requirement. I was told as fact that I must obtain the housing report in addition to landlords permission or be refused on grounds of unsuitable accomodation evidence.

Opting not to use a lawyer or paid advice service since my wife and I's case was straight forward (i.e. we clearly meet all the requirements) I read all the .gov documents and appendixes relating to the applications in full several times and could not once find where this requirement for a housing report originated from. So for our accomodation documents I simply submitted a short letter from the letting agent confirming the landlord gave permission for my wife to move in along with the 2 existing tennants which also stated the number of rooms in the property, as well as a scanned copy of our lease.

In any case, our spouse visa (non-priority) was just approved after a little over 2 calender months from submission of her passport at the foreign visa center.

I am extremely greatful for all the free and helpful advice offered by the active members of this community. I just wanted to mention that this one specific little bit of well-meaning advice doenst really benefit anyone beside the firm's who have popped up offering these property reports.
Congratulations!! Every application is different while yours was successful with living in a shared accommodation another applicants maybe unsuccessful. Inspection report is not a MUST but it is always recommended where you live in a shared accommodation.
My opinions should not be constituted as an immigration or legal advice.

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Casa
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Re: Spouse visa approved! Comment on false property inspection report advice.

Post by Casa » Mon Jan 13, 2020 5:08 pm

If you believe that incorrect advice has been given on the forum regarding 'adequate accommodation', you may like to see the official guidance given by the Home Office to the Entry Clearance Officers (ECOs) on assessing this:

9. MAA9 Assessing adequate accommodation
The ECO should be satisfied that the accommodation complies with the following requirements:

it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see MAA134).
Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).


11. 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.


AND

"If posts issue guidance to applicants on accommodation, they should make it clear that any qualified body independent of the applicant or sponsor may prepare a report confirming the status of the proposed accommodation, that is, size, occupiers and so on"

https://www.gov.uk/government/publicati ... ion-maa--2

You have been fortunate....others may not be. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Re: Spouse visa approved! Comment on false property inspection report advice.

Post by seagul » Tue Jan 14, 2020 8:30 am

akaaka wrote:
Mon Jan 13, 2020 1:01 am
I simply submitted a short letter from the letting agent confirming the landlord gave permission for my wife to move in along with the 2 existing tennants which also stated the number of rooms in the property.
It acted as inspection report.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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