Home overcrowded and evidence of support

I am on ILR.I recently applied dependent visa of my father who is widowed and over 65.

They refused the application on the basis of following two points


1)House is overcorwded.(I have a three bedroom house with 2 spacious reception rooms.,2 bedroom over 130sq ft and one 72sqft, (4 adults and 2 children under 10 live here,this includes my father)

2)They are asking evidence of support when he was back home.I do not have any bank statements to prove that.He came here on visit visa then I applied the application.He lived about 8 months without me there.He receives pension which is about equivalent to less than 100 pounds ,there are relatives back home but nobody will take care of him.

Please advice what should I do.

thanks

advin wrote:I am on ILR.I recently applied dependent visa of my father who is widowed and over 65.

They refused the application on the basis of following two points


1)House is overcorwded.(I have a three bedroom house with 2 spacious reception rooms.,2 bedroom over 130sq ft and one 72sqft, (4 adults and 2 children under 10 live here,this includes my father)

2)They are asking evidence of support when he was back home.I do not have any bank statements to prove that.He came here on visit visa then I applied the application.He lived about 8 months without me there.He receives pension which is about equivalent to less than 100 pounds ,there are relatives back home but nobody will take care of him.

Please advice what should I do.

thanks

1. Get bigger house.

2. Move back to your home country and take care of your father there.

advin wrote:I am on ILR.I recently applied dependent visa of my father who is widowed and over 65.

They refused the application on the basis of following two points


1)House is overcorwded.(I have a three bedroom house with 2 spacious reception rooms.,2 bedroom over 130sq ft and one 72sqft, (4 adults and 2 children under 10 live here,this includes my father)

2)They are asking evidence of support when he was back home.I do not have any bank statements to prove that.He came here on visit visa then I applied the application.He lived about 8 months without me there.He receives pension which is about equivalent to less than 100 pounds ,there are relatives back home but nobody will take care of him.

Please advice what should I do.

thanks

Hi

If your father is over 65, and you are the sole carer for him, you have absolute right to bring him to live with you in the UK.

It doesn't matter how many people like in your household, so long as you have a conducive and healthy environment, which will not affect the quality of health of your father or that of the other inhabitant in your household, it should not be a factor. You also own the house or pays the rent (not on housing benefit or anything).

I will strongly recommend you appeal their decision.

Before you proceed, you need to provide evidence you are in a stable employment and that you will provide for the needs of your father during his stay with you in the UK and that he will not resort to public fund.

I can imagine what a worrying and difficult time this must be.

If indeed the house is overcrowded as they stated.

1. Are the two children of the same Gender.

2. What are you relationship, to the other 2 adults.

3. If you can get at least one of the two adult an alternative accommodation, and the two children under 10 are of the same gender, i can't see much obstacle. I will strongly suggest you arrange an alternate accommodation for one of the adults. Then i don't think they will have anything to complain about.
4. Renting another accommodation will not be a wise step especially in this financial situation we are in at present .

5. You can swear an affidavit if you cannot provide evidence to prove means of support

I wish you every success, and make sure you pursue this matter to its successful conclusion.

Thanks for the positive reply Obie.4 adults consist of me,my wife,my brother and my father,children under 10 are of same gender.I have one reception room size of two double bed and other size is equal to double bed.How can I prove that house is not overcrowded,My council have no problem with that ,why are they complaining then.

thanks again

advin wrote:Thanks for the positive reply Obie.4 adults consist of me,my wife,my brother and my father,children under 10 are of same gender.I have one reception room size of two double bed and other size is equal to double bed.How can I prove that house is not overcrowded,My council have no problem with that ,why are they complaining then.

thanks again

In my view, i will say it is perfectly fine for the two children under 10 of the same gender to have one room and for your brother and father to share another, as he would be helping you with the care of your father possibly. You can even get another bed in your brother's room.

As they are trying to reject any water tight application you have, i will suggest you get your brother a temporary /permanent accommodation, so as to make a vacant room for your dad.

It would also be great if you can get a letter from the council, if that is possible, to confirm that it is alright that your father can stay with you.

Once you have got that in place, you can reapply that you circumstance has changed and that the accommodation is suitable. You can get an expert (probably a council official ) at a minimal cost to assess the accommodation (extra mile), and comment on whether it will be conducive for your father and the rest of you to inhabit it. Forward the assessment as further evidence.

You have to bear in mind you are dealing with individuals who will bend over backwards to find a means of rejecting your application, therefore you have to try and be a step ahead of them.

I wish you all the best , and please keep us posted on any development.

Hi Avin,

Please read this guidiance note i derived from another thread. This will guide you on how suitable your accomodation should be by law.

This definition appears to be in your favour, therefore read it carefully and apply it.

Regards



The following is an extract from the IND manuals giving guidance to their staff about whether accommodation is overcrowded or not. If accommodation is indeed overcrowded then is is not classed as "suitable" and that fact would tend to mean that an application for a visa would not succeed.

I have posted this topic and made it a sticky because this subject keeps being raised on the Board. Having posted it I shall lock it so that it remains a source of information rather than a discussion document.

Guidance on overcrowding
The Housing Act 1985 contains statutory definitions of overcrowding in "dwelling houses". Dwelling houses covers both privately owned houses and those owned by local authorities. A house is overcrowded if 2 persons of 10 years old or more of opposite sexes (other than husband and wife) have to sleep in the same room, or if the number sleeping in the house exceeds that permitted in the Act.

The Act specifies the numbers permitted for a given number of rooms or given floor area. For our purposes we adopt the room number yardstick. Account is only taken of rooms with a floor area larger that 50 sq feet and rooms of a type used either as a living-room or bedroom; Spam or bathrooms etc are not included.

Using the above noted yardstick, the following table provides guidance as to the acceptable (for our purposes) number of persons occupying a house with a stated number of rooms:

NO OF ROOMS ..... PERMITTED NO OF PERSONS
.......... 1 ................................. 2
.......... 2 ................................. 3
.......... 3 ................................. 5
.......... 4 ................................. 7.5
.......... 5 ............................... 10

with an additional 2 persons for each room in excess of 5.

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.

There are separate overcrowding provisions for a house in multiple occupation (HMO), which is defined as "a house, which is occupied by persons who do not form a single household". This very wide definition covers hotels and hostels, as well as houses lived in by 2 or more couples of different generations where they do not share common facilities. The most common occurrence of this is likely to be a man seeking entry to join his wife and intending to live with her independently in a house also occupied by her family. The definition therefore includes a house lived in by 2 or more couples (even if related) excluding dependent children of the couple.

There are no hard and fast rules concerning overcrowding HMOs. Local authorities have the power to serve an overcrowding notice in relation to a house in multiple occupation specifying the maximum number of people permitted in a house, or serve a notice to prevent any further residents. Where an overcrowding notice renders an occupier homeless the council may be obliged to provide accommodation under the Housing Act 1985 - if for example the occupier has dependent children, or is old or infirm. Such accommodation would, of course, count under the Rules as recourse to public funds. In the case of HMOs it may be necessary to obtain written confirmation from the local authority that there is no objection to an additional resident moving in but see paragraph 6.2 above.

NB It should be noted that under the Act local authorities have the power to licence temporary overcrowding.
_________________
John