Family of British Citizen without UK accommodation

I am British with Filipino wife and son (7), and British daughter (4) living in Spain since 2007. Visited UK several times with Family Permit (just last week for my wife to take English test). We were planning to move back to UK to live on our current Family Permit (expires 2 May) but my wife cannot get UK Residence Card because she was not living with me when I was exercising my Treaty rights in Spain (before I met her). She wants the card so she can work.

Consequently, we have decided that my wife and son should apply for settlement visa on VAF4A (at a cost!). The problem is that I sold my UK house in 2007, and have no accommodation at the moment in the UK. I was speaking to an agent who wanted to charge about £2,000 for the benefit of his expertise and for filling in a couple of application forms who told me that not having accommodation would not be a problem, because the UKBA would understand that it would be difficult for me to rent accommodation before I moved back to the UK, and to just pay his fee and he would give me all the necessary advice. I am not convinced that UKBA would understand!

I have spoken to several estate agents in the UK. Each said that if I did not have a credit history in the UK I would need to pay six months rent in advance plus two months rent and other fees. Whilst I am financially capable of doing this, I am reluctant to do so in case my wife and son's applications are refused for any reason. I have an income of £40k a year and at least as much in deposit accounts, so I would meet the financial requirement, but not the accommodation requirement.

Can I apply successfully without naming specific accommodation? My plan was, if the visas were approved, to subsequently travel to my home town in the UK and rent suitable accommodation and then move back to the UK with my family. Would do you think?

Also do I need to complete SU07? This needs a sponsor's UK address.

Thanks for any help given - this is a great site - keep up the good work.

When you say you have an income of 40K...is this from employment in the UK?

It's from two pensions - local government and UK state pension

One further question please regarding applying for Spouse visa. I have lost my Decree Absolute from my previous marriage but had to show it to the UK Registrar when I married my present wife. Is the requirement to show a Decree Absolute to the UKBA only necessary if the divorcee has not remarried?

In my opinion, you only need prove your current marital status. As you are married, you'd supply evidence of this and as such your previous divorce is irrelevant. Conversely, like you suggest, if you were divorced (but not yet remarried) you would need to show the Decree Absolute.

As for accommodation; I think you could explain in a covering letter what steps you've taken (and would take when the application is approved) to obtain suitable rental property in the UK. You might also include a sample of any correspondence you've had with lettings/estate agents etc. If there is the possibility of staying with family/friends or even in a hotel temporarily when landing and while you locate a place to live then evidence this too.

Thank you for your advice, which is line with what I am thinking.

I have alreading starting drafting an accompanying letter saying about the requirement to pay six months rent and two months deposit in advance and that I am taking the advice on the UKBA website that I should not pay for any travel or accommodation in anticipation of a visa being granted.

On a recent visit to the UK we visited various estate agents and brought back a list of suitable properties, which are well within my price range, and we will include this list with the visa applications.

We live in Spain and its only a couple of hours by plane to the UK and my letter will say that if the visas are approved I will travel to the UK and rent a suitable property . The question of booking accommodation on arrival will not arise, because I will not relocate the family until I have signed a rental agreement for suitable property.

My worry about not having accommodation is because the application form asks for details of the property, tenure, number of bedrooms, etc. and the fact that some members have been talking about having to have the property inspected by estate agents and applications being refused in the absence of a property inspection report.

Anyway, thanks for your advice, I will keep you informed for the benefit of other members.