Spouse Visa Extension

Hi everyone,

A family member is applying for extension visa. All the requirements are met except....

They live in a rented property for more than 2 years. Just after the COVID started, the landlord asked them to leave the property and they couldn't get a new one quick enough. The law was passed where the landlords couldn't force the tenants out of the property.
It's been very difficult to get a new property since then (London).
The landlord took the matter to the court and the court put everything on hold. The matter is still as described. It's been over a year now.
They have been paying rent, council tax and all utility bills every month and the landlord is happy to take the money and come in for fixing whenever needed.
The only trouble is the tenancy agreement is expired and the landlord (as expected) has refused to give the letter that can be sent with the application.
They have a child who is British Citizen and one more on the way.

Could you please advise in this matter?
Is there a way to get round this as they have been paying rent every month for the past year and have bank statements to prove it?

In worst case scenario, will the visa be refused altogether or moved to 10-year route?

Thanks

An NOC letter is not required for a spouse visa extension. Only 2 years evidence of cohabitation is required

Thank you so much CR001 for quick reply.
This comment has made our day.
We assume that expired tenancy agreement would also not be an issue then.
Thank you again.

Anyone else, please comment if you have any advice.

No issue re expired tenancy.

Thank you very much CR001.
All sorted.
You are a Life saver.

What do you mean by the expired tenancy agreement?

I am assuming the tenancy was a fixed-term contract, when it began. After the fixed term is over, the tenancy automatically becomes a rolling contract - either contractual or statutory.

So your tenancy is not expired. Dont worry about it

Thank you Picard.
That's exactly what it is. Rolling one month but there's no recent tenancy document.

In document checklist it states you need to provide

"Letter signed by the owner of the property you live in stating that you have permission to live there."

MKC2009 wrote: ↑

Thu Jan 21, 2021 7:41 pm

Thank you Picard.
That's exactly what it is. Rolling one month but there's no recent tenancy document.

In document checklist it states you need to provide

"Letter signed by the owner of the property you live in stating that you have permission to live there."

You do not need such letter for extension as earlier stated.
Your tenancy is now rolling.

Isn't there an adequate accommodation requirement under E-LTRP.3.4, as below?

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if-

(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations