RE: Living with Mum and Income

[xxShamxx]

Hi I require some help please. My brother needs to apply for a visa for his wife who is in Pakistan.

Currently he is living with my Mum, who is renting the property she is liable to pay the rent and also pays all the bills etc. So in short he doesn’t really pay anything towards the accommodation. However on the tenancy agreement it’s just my mums name but we can get a new tenancy agreement with his name if needs be. It’s ok from both the Landlord and my mum for him and his wife to stay at the property. Will this be sufficient enough for his Visa??

Also in regards to his job, he works through an agency, will this be a problem?

Thanks, and looking forward to your advice

[andyb123]

he should include a copy of the tenancy agreement as well as a letter from both the landlord AND your mother stating that his wife is invited to stay there,

you should also consider getting a "housing inspection for entry clearance" done by the local council so that you can provide proof that the accommodation isn't "Overcrowded" according to the Housing Act 1985, call your local council who will tell you to talk to either Housing Standards or Environmental Health to book an inspection

working through an agency isn't a problem, as long as he can show 6 months payslips and bank statements

also, he can phone the HMRC and ask for a coding notice to be sent out as this will help prove that he lives at the address

[xxShamxx]

Should the tenancy agreement include his name on it or is it ok just with my mums name on it? and does the letter from the Landlord need to be approved by a Solicitor?

Currently he does not pa towards rent or bill, do you think he should say on his application that he does or is it beneficial to say he does not pay anything to my mum ?

I don’t think he is currently paying council tax at this property as he is only moving in with my mum due to his wife coming over. And my mum is not liable for council tax will this cause a problem?

He has a property of his own but he will be putting it on rent.

[meats]

Your Mum is not liable for council tax?

Third party support isn't allowed so if he says he's not contributing towards rent and bills then the visa won't be given.

[andyb123]

the tenancy agreement is ok just in her name, and there shouldn't be a need to have the landlords letter witnessed or approved by a solicitor, I'm assuming the landlord's signature is also on the tenancy agreement so as long as they mathc it should be ok!

in my application for my fiance my parents wrote that they were not charging me any rent - thus making my income entirely disposable / for the use of supporting myself and my fiance

If your mother is not eligible for council tax because she is on benefits, that could cause a problem, as effectively the wife would be living in a house paid for by benefits - without knowing why your mother isn't liable it's difficult to say

I'm a bit confused... if he has his own property, why doesn't he use that property as "his address" for the purposes of acting as sponsor for his wife?

[andyb123]

Your Mum is not liable for council tax?

Third party support isn't allowed so if he says he's not contributing towards rent and bills then the visa won't be given.

Huh!?

Third party support by way of CASH isn't allowed to be taken in to consideration, but if you live in "free" accommodation then this doesn't count AGAINST YOU

I'm living rent free, bill free and my parents provide most of my food also, and my Fiance's visa was granted without question

[meats]

Your Mum is not liable for council tax?

Third party support isn't allowed so if he says he's not contributing towards rent and bills then the visa won't be given.

Huh!?

Third party support by way of CASH isn't allowed to be taken in to consideration, but if you live in "free" accommodation then this doesn't count AGAINST YOU

I'm living rent free, bill free and my parents provide most of my food also, and my Fiance's visa was granted without question

Then you got quite lucky as plenty of people have had visas rejected for not contributing to rent as it is third party support.

[ElenaW]

Third party support is now allowed.

http://www.gcnchambers.co.uk/gcn/news/t ... 97_and_317

[meats]

Third party support is now allowed.

http://www.gcnchambers.co.uk/gcn/news/t ... 97_and_317

I hadn't seen that. I don't think it will be in place for long to be honest, i'd put money on it being gone by the end of the year.

[ElenaW]

Third party support is now allowed.

http://www.gcnchambers.co.uk/gcn/news/t ... 97_and_317

I hadn't seen that. I don't think it will be in place for long to be honest, i'd put money on it being gone by the end of the year.

I didn't think it would be in place for too long either. Frankly it kind of pisses me off. It makes it unfair for those that had to prove that they could manage on their own before this judgement.

[xxShamxx]

The reason why he is not living at his own house is because after calculating mortgage and bills etc it will work out to be expensive and he wont have enough left at the end of the month to support his wife, ie he wont have £400 remaining.

Whereas if he lives with my mum he does not need to pay anything towards bills etc.

Yeh My mums on benefits, which is why she does not require to pay council tax, would this cause problems and would the ECO ever know if my mum is on benefits or that she does not pay council tax ?

[meats]

The reason why he is not living at his own house is because after calculating mortgage and bills etc it will work out to be expensive and he wont have enough left at the end of the month to support his wife, ie he wont have £400 remaining.

Whereas if he lives with my mum he does not need to pay anything towards bills etc.

Yeh My mums on benefits, which is why she does not require to pay council tax, would this cause problems and would the ECO ever know if my mum is on benefits or that she does not pay council tax ?

Let's just say that if the council don't know about anyone else living in the property then she'll be in big trouble if they find out. Seeing as the mother will also have to provide proof that she either owns the house or the landlord (i'm guessing the council) has to approve of extra people living there then yes it could cause a problem.

[xxShamxx]

The reason why he is not living at his own house is because after calculating mortgage and bills etc it will work out to be expensive and he wont have enough left at the end of the month to support his wife, ie he wont have £400 remaining.

Whereas if he lives with my mum he does not need to pay anything towards bills etc.

Yeh My mums on benefits, which is why she does not require to pay council tax, would this cause problems and would the ECO ever know if my mum is on benefits or that she does not pay council tax ?

Let's just say that if the council don't know about anyone else living in the property then she'll be in big trouble if they find out. Seeing as the mother will also have to provide proof that she either owns the house or the landlord (i'm guessing the council) has to approve of extra people living there then yes it could cause a problem.

Sorry, When he does move in he will paying council tax for himself but my mum still would not pay, so would that not be ok ?

[meats]

The reason why he is not living at his own house is because after calculating mortgage and bills etc it will work out to be expensive and he wont have enough left at the end of the month to support his wife, ie he wont have £400 remaining.

Whereas if he lives with my mum he does not need to pay anything towards bills etc.

Yeh My mums on benefits, which is why she does not require to pay council tax, would this cause problems and would the ECO ever know if my mum is on benefits or that she does not pay council tax ?

Let's just say that if the council don't know about anyone else living in the property then she'll be in big trouble if they find out. Seeing as the mother will also have to provide proof that she either owns the house or the landlord (i'm guessing the council) has to approve of extra people living there then yes it could cause a problem.

Sorry, When he does move in he will paying council tax for himself but my mum still would not pay, so would that not be ok ?

She won't receive council tax benefit and the full rate would be paid, whatever that is for the area. The only time you get council tax discount is if you're a single occupant, as soon as you're not the only person you pay the full rate regardless of whether it's 2 people or 300 people. I don't know what other benefits she's receiving or whether she owns the place or not etc so it's hard to make a call on whether it would be ok or not (accomodation). If she's receiving housing benefit then the council would need to be notified and ok it i think.

[ElenaW]

The reason why he is not living at his own house is because after calculating mortgage and bills etc it will work out to be expensive and he wont have enough left at the end of the month to support his wife, ie he wont have £400 remaining.

Whereas if he lives with my mum he does not need to pay anything towards bills etc.

Yeh My mums on benefits, which is why she does not require to pay council tax, would this cause problems and would the ECO ever know if my mum is on benefits or that she does not pay council tax ?

Let's just say that if the council don't know about anyone else living in the property then she'll be in big trouble if they find out. Seeing as the mother will also have to provide proof that she either owns the house or the landlord (i'm guessing the council) has to approve of extra people living there then yes it could cause a problem.

Sorry, When he does move in he will paying council tax for himself but my mum still would not pay, so would that not be ok ?

She won't receive council tax benefit and the full rate would be paid, whatever that is for the area. The only time you get council tax discount is if you're a single occupant, as soon as you're not the only person you pay the full rate regardless of whether it's 2 people or 300 people. I don't know what other benefits she's receiving or whether she owns the place or not etc so it's hard to make a call on whether it would be ok or not (accomodation). If she's receiving housing benefit then the council would need to be notified and ok it i think.

His mother needs to ask the council to provide a letter that says it's ok for the new occupants to live with her. I've known people who had their application refused because they didn't provide a letter.

[meats]

Let's just say that if the council don't know about anyone else living in the property then she'll be in big trouble if they find out. Seeing as the mother will also have to provide proof that she either owns the house or the landlord (i'm guessing the council) has to approve of extra people living there then yes it could cause a problem.

Sorry, When he does move in he will paying council tax for himself but my mum still would not pay, so would that not be ok ?

She won't receive council tax benefit and the full rate would be paid, whatever that is for the area. The only time you get council tax discount is if you're a single occupant, as soon as you're not the only person you pay the full rate regardless of whether it's 2 people or 300 people. I don't know what other benefits she's receiving or whether she owns the place or not etc so it's hard to make a call on whether it would be ok or not (accomodation). If she's receiving housing benefit then the council would need to be notified and ok it i think.

His mother needs to ask the council to provide a letter that says it's ok for the new occupants to live with her. I've known people who had their application refused because they didn't provide a letter.

Yep.

By the way was it you who scared away the seals from San Fran? :p

[ElenaW]

lol oh yes indeed it was me!

[andyb123]

Then you got quite lucky as plenty of people have had visas rejected for not contributing to rent as it is third party support.

I've also seen plenty of people (and ECO guidance notes) that say that living with a family member IS allowed as long as it's not overcrowded, judged to be stable etc.

i do think that the mum being on benefits will cause issues, among other things she needs to get approval for the son to be moving in at all, let alone with his wife too

as pointed out, if nothing else the son will need to start paying council tax at full rate for the property

[Diva]

Hi Sham,

when we applied for my husbands visa we were also in rented accomadation, my mother was in reciept of benefits however as I was living with mum I paid the majority of rent (due to my wages) and also paid my own council tax. I also paid bills, and proved all this via my bank statements-bills were in my mums name however we included a letter from my mum stating that she was happy for my husband to move in as I was paying towards bills etc. We included a copy of the tenancy which was just in mums name.

When we applied for his ILR things were easier, we were use to the formatting plus we were no longer tenants.

HTH

[xxShamxx]

Yeh Diva he will be doing the same as you. So did you need a covering letter from your mum and a covering letter from the Landlord.

Also does he need to inc a letter from the council to approve ??

[Diva]

Hi Sham,

a letter explaining now big the house is, and that your brother and his mrs will have access to at least one room (bedroom) from your mum should be enough. If the council is willing to give you a letter that would be good too.

The letter my mum provided me confirmed that she was a tenant, and that the landlord was aware of the fact I lived with her (this was also confirmed by the Benefits Decision Notice from the the office that deals with housing benefit decisions within the local council.

Hope that helps, any questions, let me know.