VAF2 No of Bed Rooms

Hi,

I am a PR holder presently working in UK. My wife is also having PR and presently in India. I have a five months old baby who is presently in India. My wife will be applying for ILR visa for my baby in India. I have all the documents required for the Visa. But in VAF2 form there is a question on No of bedrooms. I am presently staying in a one-bed room flat. Will there be any possibility that my baby's ILR visa application rejected on the grounds of overcrowding of accommodation?

Please can any one help me with an answer.

PVSCD

Ignoring Spam, bathroom and toilet ..... how many rooms in the flat of size at least 50 sq feet?

Have a look at :-

Maintenance & Accommodation Part II

In particular, scroll down to and read the part at 6.3. Note that :-

A child under the age of one does not count as a person. A child aged 1 - 10 years will count as only half a person.

-: and accordingly there is clearly not a problem now. When your child is one year old and starts counting for this purpose, you will still need to have only two counting rooms anyway.

Hope this helps.

Hi John,

Thank you very much for your answer John, I have the answer for your question follows.

Ignoring Spam, bathroom and toilet ..... how many rooms in the flat of size at least 50 sq feet?

I am not sure of size in square feet, but it has a bedroom big enough to allow a King size bed and also space for ChildBed. Also there is another Big Living Room apart from the Spam, bathroom and toilet.

My present contract with the letting ends at the end of July by which time my baby will still be one month less than a year.

Do I need to get any statement from my letting agent stating the sizes of the rooms to attach with Visa application? I have letting agreement, which does not have any information of the number of bedrooms or its sizes; it only has the rent, deposit and agency fees information in it.

As part of showing proof of address I have to attach utility bills along with the Visa documentation. Is it OK if I provide the council tax bill alone or I need to provide rest all the utility bills, If I need to produce all the bills, I need to wait another one month or more.

Cheers
PVSCD

I think it can do no harm for you to measure the two big rooms and include those details with the other information that will be submitted.

But another thought .... does the child need a visa? That is, is the child already British? Where was the child born? When did you and your wife get your ILR visas?

John, Thanks for your suggestion, I will include the information of size of the rooms. Does this information be provided in the letting agreement or Is it Ok if I provide this in the Sponsorship letter?

My child was born when my wife and me were in India. But both of us have the ILR before birth on my child.

Cheers
PVSCD

OK, I think that had the child been born in the UK the child would have automatically become a British Citizen (because at least one of the parents has ILR). However as the child was born outside the UK and neither you nor your wife are British Citizens (yet) the child is not British.

However when you and/or your wife apply for naturalisation as British it will then be possible to include the child on the application form and then when the naturalisation is granted the child will also be registered as British.

So back to the needed visa application, in order to get your child into the UK. The accommodation evidence you supply is up to you but why not include the tenancy agreement and also details of the size of the rooms. You could include detailed measurements of the two largest rooms and why not even include photos of those rooms? Can't do any harm.

In accordance with the "crowded accommodation formula" you only need one room to count, and you have two, so clearly not a problem.

Getting a settlement visa for a child is a comparatively simple matter, where one of both of the parents is already settled in the UK. You basically need to prove the financial aspects and the accommodation ones and that the child's parent's have ILR visas already, and should not encounter a problem. The child will also be issued with an ILR visa ... well actually ILE ... indefinite leave to enter ... which confuses many. The holder of an ILE visa needs to enter the UK by the stated expiry date but having done so they have indefinite leave to remain.

John,

Thank you very much for your advice and your time, I will do as you suggested.

I would like to read more information about the rules about the Naturalisation. Is it available on net? Can you provide me the link if you are aware of any?

Cheers
PVSCD

Hi, naturalisation? Go to :-

British Nationality

But also make use of the left-hand menu on that page. You certainly need to read the Guide AN(NEW) and also download the AN form.

How long have you and your wife held ILR? If at least one year then you might be eligible now, but do check out the detailed rules.

Hi John,

Thank you very much for your sharp replies.

Both my wife and me got ILR in last Jan'05. But we were in India for 10 months after receiving ILR Visa. I am back after 10 months in Dec'04. My wife is still in India waiting for my child's visa.

Cheers
PVSCD

pvscd, hi, on the facts as stated neither you nor your wife qualify to apply for naturalisation at the moment. This is because you both fail the "must not be outside the UK for more than 90 days in the one year up to the date IND receive the application form" test.

Basically, on your facts, you will need to wait until at least 9 months after you got back from India, and even that assumes no more time outside the UK.

But planning ahead, at least for you (but not for your wife), let's assume that you might get your application form to IND on say 03.10.05. I presume when you say "got ILR in last Jan'05" that you actually mean Jan 04, because you go on to say that you then spent 10 months in India. So if ILR granted in Jan 04 it must be clear by 03.10.05 that you will have had ILR for over a year. So that test will be passed.

Then, still assuming that IND receive your application form on say 03.10.05 :-

• were you physically in the UK exactly five years earlier ... on 03.10.00? If not then you must not submit the form ... yet.
• in the five year period from 03.10.00 to 03.10.05, were you outside the UK for more than 450 days? If so, don't submit the form yet.
• in the one year period from 03.10.04 to 03.10.05, were you outside the UK for more than 90 days? If so, don't submit the form yet.

Obviously if IND get the form on any other date, the date ranges/tests will of course be a bit different.

So it could be the case that in say next October you might be able to apply, and no doubt by then your child will also be in the UK and you can include that child on the form. Your wife will need to wait until at least nine months after she gets back into the UK before submitting her naturalisation application form. Whether you also delay sending in yours, so that they can go in together would be a matter for you and your wife to decide.

Hope this helps.

Hi John,

Thanks very much for all your answers and time.

Cheers
PVSCD