accommodation inspection and ECO decision

[Rayking]

hello the the gurus,is it possible for ECO not to be satisfied even if house inspection is done by the council and included in the application or can i conclude that if the report is included ECO can't claim the house is overcrowded?
Pls,help with your answers.

[vinny]

See also Accommodation.

[Rayking]

Thanks Vinny,but I couldn't really extract the answer from there.let me explain a bit further pls.
I'm getting my doc ready to apply for fiancee visa,I presently live in a share house,4 rooms upstairs and one down.If I request for council inspection to check if it's overcrowded and the place is ok by the inspector, will that alone satisfy the entry clearance officer or he can still decide he isn't satisfied even with the report?
I defo will get a place when my fiancee comes but the expenses gonna be much around the application time and just wondering if we can make use of the shared house for the time being?
Thanks for your help

[SSWSZ]

Now they are not accepting share accommodation or not considering this as accommodation .its clearly mention that accommodation should be under your sole use.if they get any doubt they will definitely check it as you read the guidance they show many ways how they can check it.i don't have any idea about fiancée visa form but in spouse visa form which is flr(m) it clearly ask for num of bedrooms plus all the people living in that house with relation to you and dob .so be very careful .

[Rayking]

Risky and scary,isn't it?lol
Thanks for your advice, they're waiting and lurking for the slightest reason to refuse sm1.lol

[SSWSZ]

Absolutely they are working or you can say operating on case papers to reject it and also they will consider only those rooms as room which is bigger then 50 sq ft .its also written on guidance .

[SoHopeful]

Shared accommodation is acceptable. Many people have been in the same position and been successful. Sole use is in regards to the bedroom - which I'm assuming will be just you and your partner??!!

The inspection report, letter and tenancy from landlord should be adequate as well as proof of address.

[SSWSZ]

So hope you are wrong if you read the accommodation guidance you will clearly see that now they says if you are sharing home with some one who is not relate to you any way then it will be consider as over crowded .rules are now changed .

[Rayking]

I'm getting confused now,has anyone done it either way?is a page tenancy agreement enough too,the one I got isn't more than a page?
Can't we say this will depend on how "mean and wicked" the entry clearance officer is?imagine getting everything right and ONLY bcos of this tricky requirement one is refused?
I just don't wanna think about it!

[SoHopeful]

Read this page https://www.gov.uk/government/publicati ... ion-maa--2

It mentions multiple occupancy and that ECOs could request more info if there is any doubt... but I don't see what you have stated above... first time I've ever heard that.

[SSWSZ]

9. MAA9 Assessing adequate accommodation
The ECO should be satisfied that the accommodation complies with the following requirements:

it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see MAA134).
Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).





This what I am talking about copy from your link

[MPH80]

And from MAA10:

If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, for example, that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

[SSWSZ]

That's what I wrote that the people living in 1 house never relate to each other it will be consider as over crowded .and I think the person who is asking this question must be living with some bachelor kind of accommodation that's why he inquire about it otherwise no need to worry if he was living any relative home.

[SoHopeful]

Yeah I read through it but did not see that as multiple occupancy is being ruled out... even in the section specifically on that issue. I don't see how renting a room differs. If the room is solely for that particular tenant's use ''This need not be as elaborate as a self-contained flat'', it should not be seen as an issue.

Housing law deem rooms for exclusive use acceptable, I don't think it's fair legislation is turned on it's head for immigration purposes if that is how it's being interpreted. Sharing with non-relatives rather than actual relatives as the deciding factor rather than actual bodies is quite ridiculous.

[Rayking]

Yeah,I live with other bachelors, not related to any of them.It shows this law is meant to be a trap for anyone who thinks he's got perfect application without getting this sorted,it means an immigration officer can interpret it the way he thinks depending on if he feels like granting the application or not?
I swear I won't fall for this trap, I better get a bedroom flat b4 applying. Lol
Thanks to you all for your responses, it's controversial to be honest.

[SSWSZ]

It is very very critical situation because every case worker has it's own meaning of rule I am giving my example.

I myself came as dependent in 2006 till today so came under new rule .

Went to Croydon for flr and set(m) . To my surprise case worker says you came under new rule as when we will give you flr visa only then you will become wife of a settled person from this day so you will come nude new rules means you have to show income threshold plus all other things like after getting visa I have to wait 2 more years to apply for indefinite..thanks to Allah I have a mail from home office which clearly says I am under old rule and I can apply for both flr and then set (m) straight away so they gave me two visas in 1 day.


And my 2 of friends came around same time same situation never even asked a single question about new rules and income threshold they just get the visa .so every case worker is diff you can't take the risk of destroying your immigration history .but the end decision would be yours .

[Rayking]

Hello,
Thanks to you guys,MPH80,SOHOPEFUL & SSWSZ.
can anyone help with email address for immigration policies? Still on this accommodation inspection stuff,I'm thinking of sending email to them to confirm that as long as it is certified by the council the house isn't overcrowded an ECM can't refuse on accommodation.
Really don't wanna leave my house until after my girlfriend comes,the place is just so peaceful with nice neighbors!
It gonna be so boring just staying alone in a flat of course, it will be different when she comes.
What do you guys think,can I mail them and then attach the mail and all that when it's time to apply?

[SSWSZ]

FamilyOpsPolicy@homeoffice.gsi.gov.uk



This is ho mail id .I mailed on this and what I got as ans save my life in Croydon peo .got two visa including ILR .

[Rayking]

Thank you,hopefully that will sort it out.