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Accommodation Requirement Question Spouse Visa India

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Gagan1986
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Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Tue Feb 23, 2016 3:54 pm

Hi,
I am a British Passport & an OCI(Overseas citizen of India) holder getting married in India on 27th March 2016 to an indian national.

I will be applying for her spouse visa from India right after the wedding. Mt question is about accommodation requirement. We will be staying with our family friends in a 4 bedroom house which currently is occipied by 2 adults and their 5 year old daughter and they are the owner. Could you please suggest if that is appropriate and what documents would i need to show it to the consulate in india.


I look forward to hearing from you.


Kind Regards,


Gagan

vinny
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Re: Accommodation Requirement Question Spouse Visa India

Post by vinny » Tue Feb 23, 2016 6:48 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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prejay
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Re: Accommodation Requirement Question Spouse Visa India

Post by prejay » Tue Feb 23, 2016 9:15 pm

If you want the easiest peace of mind, go to your local estate agents. For about £70 they'll give you a letter stating if you and your wife live there, it will not be overcrowded.

A 4 bedroom house is definitely not overcrowded with 2 couples + a 5 year old daughter. It's just up to you how you want to prove it.

Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Thu Mar 03, 2016 1:58 pm

Many thanks for your replies.

Still confused about couple of things. If i show that myself & my wife will be staying with my family friends(landlords) in a 4 bedroom house(currently just one couple staying with their 5 yr old daughter). Do i need to get registered for council tax? What documents i need to provide or the landlord(which are my family friends) needs to provide? Do we have to show some sort of rental agreement?

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Casa
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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Thu Mar 03, 2016 2:14 pm

The owners of the house are responsible for paying the Council tax. For immigration purposes, you don't need to submit a tenancy agreement. However, your friends will have to provide either a copy of their mortgage agreement to prove ownership, or a copy of the property deeds if owned outright. If the property is rented, you would need permission in writing from the landlord, agreeing to you living there.
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Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Thu Mar 03, 2016 2:17 pm

Thanks Casa.
They own the property so they are happy to provide the mortgage letter.
Should i also get a covering letter from them saying that they are happy for us to live there from 1st May(Will be applying from india around 10th April).
Should i also get something from council ref overcrowding or that is not needed?

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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Thu Mar 03, 2016 2:47 pm

Gagan1986 wrote:Thanks Casa.
They own the property so they are happy to provide the mortgage letter.
Should i also get a covering letter from them saying that they are happy for us to live there from 1st May(Will be applying from india around 10th April). Yes
Should i also get something from council ref overcrowding or that is not needed? Not essential as long as your friends can submit details of how many rooms/occupants in the property
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Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Thu Mar 03, 2016 2:55 pm

Thanks Casa, last question.

Do i need to show any sort of tenancy agreement with rent etc or just normal covering letter allowing us to stay with the mortgage papers showing ownership? Do we need to state any time or length of stay?

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Casa
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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Thu Mar 03, 2016 3:00 pm

Gagan1986 wrote:Thanks Casa, last question.

Do i need to show any sort of tenancy agreement with rent etc or just normal covering letter allowing us to stay with the mortgage papers showing ownership? Do we need to state any time or length of stay?
Just covering letter from owners + copy of mortgage document. Length of stay isn't relevant.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Mon Mar 07, 2016 5:11 pm

Hi Moderators/Casa,

Sorry to confuse you but there is another option for accommodation and see if you can help as its much easier from my point of view.

I am currently living in with the friends(a couple and their 12yr old son who are the landlords) in a 3 bedroom flat. I have been living with them for last 2 years and have a double room of my own. Landlord, my friends have no issue with me and my future wife staying with them and happy to provide coveriing letter with mortgage papers to show ownership. I have spokent o council and they are happy to come out and do a house inspection, mentioned on the phone that there would be no issue from overcrowding point of view.

Will the above suffice for the accommodation requirement for my spouse or will there be any complication?

i look forward to hearing from you.

Kind Regards

batleykhan
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Re: Accommodation Requirement Question Spouse Visa India

Post by batleykhan » Tue Mar 08, 2016 8:41 am

The only problem with living with FRIENDS ( who are not your blood relatives, eg, siblings or parents) and getting them to write a letter to say its Ok for them and their spouse to stay with them, is sometime not accepted as proof of accommodation being available.This is because there is no binding agreement which can lawfully be enforced between friends in case there is a fall out between them, and they are asked by property owners to leave the property.

The only piece of legislation that gives one some form of protection from being evicted from a property is a legally binding tenancy agreement.

I would always be wary of getting friends to write letters to say that someone can stay with them for spouse visa purposes.

Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Tue Mar 08, 2016 10:00 am

Hi BatleyKhan,

Thank you for your reply.

The thing is that my friends are going to be showing for this for my spouse visa purposes. I have already been living there for 2 years now in a double room of my own. We will only be living there for 2-3 months and then looking to buy our own property. We can also get a legal binding documents in place if that helps. Not sure what complications will that have HMRC or anything else considering we will be showing rent money coming.

Your and other moderators thoughts will be highly appreciated as applying for the visa in three weeks time.

Regards

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Re: Accommodation Requirement Question Spouse Visa India

Post by batleykhan » Tue Mar 08, 2016 11:04 pm

In my opinion you would be better to show a post dated Tenancy agreement for a rented property, which will confirm accommodation will be available when your spouse arrives in the UK,rather than stay in a friends house.

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Re: Accommodation Requirement Question Spouse Visa India

Post by reda » Wed Mar 09, 2016 12:22 pm

hi everybody
i'm in the same situation,my wife visa will expire soon an I'm aware that i have to submit the same proof as the first spouse visa my concern is about the accommodation,she applied with converted studio flat on the last floor of 4 bedroom house.
we had twins last year and by the time she apply for extension they will be more than one year old
i greed with my landlord will give me one single room extra for my babies when they reach one year old (for we are not overcrowd)
is it acceptable to have one studio with single room tenancy agreement for family 2 adult with twins boy?
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Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Fri Mar 11, 2016 5:37 pm

Hi All,

Quick question, where should the cover letter from the owner of the house ref accommodation should be directed to? Will be applying via VFS for my wife's visa from Chandigarh(India).

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Re: Accommodation Requirement Question Spouse Visa India

Post by vinny » Fri Mar 11, 2016 10:00 pm

"To whom it may concern" or "Entry clearance Officer".
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

matt14
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Re: Accommodation Requirement Question Spouse Visa India

Post by matt14 » Mon Mar 14, 2016 4:23 pm

Hi,

Does the house inspection report acceptable to the Home Office come only from the local council or an estate agent can issue the same?

Thanks

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Casa
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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Mon Mar 14, 2016 4:42 pm

It can be from an Estate Agent.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Gagan1986
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Re: Accommodation Requirement Question Spouse Visa India

Post by Gagan1986 » Mon Mar 14, 2016 5:09 pm

Hi All,

Applying for spouse visa in two weeks time, do i need to fill in the sponsor form?

Thanks

crw
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Re: Accommodation Requirement Question Spouse Visa India

Post by crw » Sun Jun 05, 2016 6:25 am

Hello,

My husband is a British citizen who lives with me in US. We will apply for the spouse visa. We meet the rest of the requirements but we don't know what to do about accommodation. He will be transferred from US to UK - same company. We don't want to rent a place before being there. Can we put a hotel as accommodation and write a letter explaining we will live there just for a couple of days until we find our new home?

Thank you in advance!

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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Sun Jun 05, 2016 9:03 am

crw wrote:Hello,

My husband is a British citizen who lives with me in US. We will apply for the spouse visa. We meet the rest of the requirements but we don't know what to do about accommodation. He will be transferred from US to UK - same company. We don't want to rent a place before being there. Can we put a hotel as accommodation and write a letter explaining we will live there just for a couple of days until we find our new home?

Thank you in advance!
You've tagged this onto an old thread.
No, a couple of days (or even a couple of weeks) in a hotel won't convince the ECO that accommodation will be available during your 2.5 year limited leave term which is considered adequate under the Immigration rules for a spouse settlement visa. Accommodation provided by friends or family would be accepted if there are sufficient rooms.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Accommodation Requirement Question Spouse Visa India

Post by crw » Sun Jun 05, 2016 11:32 am

Thank you, we just didn't want to disturb friends with this matter but we will need to :/ . Do you know if we use his house or his parents houses in Scotland would be acceptable? Because we will live in London.

Thank you

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Casa
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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Sun Jun 05, 2016 12:24 pm

Not if your husbands's place of work will be in London. It will be obvious to the ECO that you won't be residing in Scotland and will want to see proof of adequate accommodation where you intend to live together. Also, with an address in Scotland they may query whether the employment offer is genuine.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

crw
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Re: Accommodation Requirement Question Spouse Visa India

Post by crw » Sun Jun 05, 2016 12:33 pm

Last question, can we rent a place for some weeks? Is that valid? Because we won't be sure if we would like to be our permanent home just looking at some pics online...
Thank you again :)

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Re: Accommodation Requirement Question Spouse Visa India

Post by Casa » Sun Jun 05, 2016 12:41 pm

You'll need a tenancy for at least 6 months. Playing devil's advocate here, the ECO won't assess your proof of adequate accommodation with the attitude 'I'm not concerned what conditions you live in after the initial few weeks'. They have to be convinced that you have ongoing adequate accommodation.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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