accommodation requirement for ILR???

[ilkbahar]

Hello Everyone

I am in a very bad dilemma regarding the accommodation requirement for my partner and my self. My partner is on a spouse visa and we are in the process of gathering documentation to apply for the Indefinite Leave to Remain. Since he has been in the UK on spouse visa we have been living with my mum. The first year we lived in her former marital home which she and my dad owned and it was 5 bedroom.

For the past year we have been living with my mum in a different property which is rented out. On the tenancy the tenants are shown as my mum and my mums brother. Although her brothers name is on the tenancy, he does not live at the address nor does he contribute to paying any of the bills but his name is on the tenancy still. ( in a way my mums income was not enough on its own so he helped out by putting his name on the tenancy for her to be able to rent the house out). We pay all the bills as good will gesture because we stay with my mum ans she pays the rent.

The property is 2 bedroom and we stay in one of the rooms.

What is troubling me is, is it okay for us to live with her and have a room in the property which is just for our use?
Do we need to proof how many bedroom the property is? and if we do,is a covering letter enough from my mum?

If you could help me, I will be grateful.

Thank you

Below are some notes from Home Office

MAA10 Legally owned or exclusively occupied
The ECO should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:

the ownership of the property and/or the duration of a lease
whether any lease enables the tenant to sublet to the couple or take them in as lodgers.
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.

If the couple have children with them there must be additional adequate accommodation for them (see MAA134 for maximum numbers of persons allowed).

11. MAA11 Adequacy of accommodation
The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

[Casa]

Your looking at the guidance for a spouse entry visa (ECO = Entry Clearance Officer). If you read through the list of documents required for SET(M) you'll see that there's no request for a tenancy agreement or accommodation report.

[ilkbahar]

Thank you Casa, but I some how I have this feeling that Home Office will want to know all the details!

[Amber]

Follow what the SET(M) form requires, nothing more, you're creating undue stress.