Question for John, please help

John

I'm confused with regards to the rules and regulations regarding accomodation when it comes to applying for a spouse visa.

I currently live in shared accomodation. I rent one bedroom which is used for me and my hubby if he comes to the UK on the spouse visa. The other room is a box room which is used for my baby. I earn £1074 a month and I pay £250 a month rent which includes bills/council tax. The £250 a month is for both rooms.

I took out the tenancy agreement in June last year and the contract should run out in May this year. My husbands decision from the embassy should come end of February.

My question is:

1) Should the fact that the tenancy agreement, which is due to run out soon, affect my husband obtaining a visa?

2) If I were to apply for council housing and get help with the rent and get extra help from the government ie child benefit, tax credits etc, would this affect my husband obtaining a visa OR affect his permanent stay at the end of 2 years?

thanks in advance

Hi, those two rooms ... how many of them exceed 50 square feet in size? (yes you might need to grab a tape measure)

And the age of the baby?

Current tenancy agreement ends May. I think that will be OK, whereas if you had said "end February" I would not be saying that.

Public Funds! Firstly have a read through this lively topic where the issue is currently being discussed. By the way, your immigration status? You are British? If not what nationality and immigration status in the UK?

Council House! As long as it is clear that the place is not bigger than otherwise required .. simply because your husband moves in ... there should not be a problem. Neither is there a problem you claiming Housing Benefit and/or Council Tax Benefit ... assuming you are British or otherwise settled in the UK.

You are no doubt claiming Child Benefit and Tax Credits?

rainbow24 wrote:John

I'm confused with regards to the rules and regulations regarding accomodation when it comes to applying for a spouse visa.

I currently live in shared accomodation. I rent one bedroom which is used for me and my hubby if he comes to the UK on the spouse visa. The other room is a box room which is used for my baby. I earn £1074 a month and I pay £250 a month rent which includes bills/council tax. The £250 a month is for both rooms.

I took out the tenancy agreement in June last year and the contract should run out in May this year. My husbands decision from the embassy should come end of February.

My question is:

1) Should the fact that the tenancy agreement, which is due to run out soon, affect my husband obtaining a visa?

2) If I were to apply for council housing and get help with the rent and get extra help from the government ie child benefit, tax credits etc, would this affect my husband obtaining a visa OR affect his permanent stay at the end of 2 years?

thanks in advance

I am not John but I will try to say something.

1. IMHO No. EC officer would know that the agreement for tenancy as per docuementation is signed yearly and this can be renewed by the tenant at the end of the agreement or you can seek new accomodation. I believe if since the lodging of the application the tenancy agreement has been terminated and you are living in say a shelter then yes this can affect the application but other than extreme circumstances, this should not be an issue at all.

2. Yes and No.

No. If you are entitled to that as British Citizen or have no restrictions on your stay in the UK then, this should not be an issue since you are entitled to it anyway.

Yes. If you husband's coming to the UK is the sole circumstance leading to the claim of public funds then I think that can be the case.

(Refer to this thread: http://www.immigrationboards.com/viewtopic.php?t=12700)

But I believe his application would have been decided upon before you would go through with your claim. Any circumstance just wait if you think that would be a factor and claim later.

Anyway, this just my opinion and John will answer your questions later.

Sorry John, I need to be more specific here. To answer some of your questions:

1) My baby is 2 weeks old and is now sleeping in the box room.

2) I had a third party come and measure the house for immigration purposes (he was from a private company). He provided a letter stating that the accomodation was fit for entry clearance, and the letter mentions the 2 rooms being suitable for my husband and the baby.

3) I am indeed British and sponsoring my hubby to come over on the spouse visa.