Spouse visa - Council flat

[iamwiew]

Hi all, I have a question here about a spouse visa. My partner (British) and I (non-EEA) live in a council flat. I am considering to switch my visa to a spouse visa. Would council flat (full rent and council tax paid, but still owned by the council) be adequate to obtain a spouse visa or it has to be a private flat? I am not sure if they would consider a council flat as a suitable accommodation or would they class council flat as some sort of public funds.

Below is one of the qualification for spouse visa
"You have suitable accommodation, which is owned or lived in only by you and your household, and where you can live without any help from public funds"

Thanks for advice in advance.

[Casa]

Your spouse can only be awarded Council accommodation as a single person (with child/children if applicable).

Is the Local Authority aware that you are currently living in the flat and have no recourse to Public funds

[iamwiew]

Hi Casa. Sorry for the confusion, I meant to say "If my partner (British) and I (non-EEA) live in a council flat. I am considering to switch my visa to a spouse visa..." I missed "If"

So if I want to move in with him, he will no longer eligible for the council flat?

[Casa]

Was he given Council accommodation as a single person?

[iamwiew]

Yes Casa, he was. Would this be a problem for me to move in or he can just easily add me on the address by informing the council?

[Casa]

In which case, if you switch to a Spouse visa you will have to submit a letter from the Local Authority (Council) agreeing to you living in the accommodation.

Are they aware that you are currently living there?

[iamwiew]

Hi Casa. Sorry as I said above for the confusion, I meant to say "if" we live together. I am considering to move in and also considering to switch to a spouse visa, so we are not living together yet.

[Casa]

OK. Then if you decide to move in you will need to letter of permission from the Local Authority to submit with any spouse visa application.

There is another issue however. If you switch to FLR(M) you will have to submit evidence of a subsisting & genuine relationship. This will include documented evidence of co-habitation.

Edit:
I now see that you mention your 'partner' which suggest that you aren't married. If this is the case, are you aware that in order to switch to an Unmarried Partner visa it is mandatory to have been living together for a minimum of 2 years and have the documents to support this

What category of visa do you hold at present?

[iamwiew]

OK Casa, thanks so much for very useful info.

I am under work visa and yes I am aware of that, so we will get married first before I decide to move in and then spouse visa after that. This should be ok for spouse visa application, shouldn't it? there's no rush for me to switch to spouse visa anyway.

[Casa]

Seems fine.

Bear in mind that as a foreign national (if marrying in the UK) you will only be able to give notice to marry with a Home Office designated Registry Office.
The Registrar is then legally bound to notify the HO who can then extend the notification time from 28 to 70 days in order to interview you both should they choose to do so, before the marriage can go ahead.

It would be wise to factor that into your plans for the wedding.

[iamwiew]

Yes I am aware of extend the notification to 70 days, thanks for reminding me.

I have another question for you here. If I'm married and decide to move in to stay in the council flat with my future husband, however I would like to stay under my work visa and not switch to a spouse visa, would living in the council flat will be a problem for my work visa?

Thanks

[Casa]

I don't believe it will, but you must notify the Council that you are living in the accommodation. This is general requirement and not necessarily immigration related.

[Casa]

You may already be aware that if you switch to a FLR(M) visa this will re-set your immigration clock to zero, putting you on a new 5 year route to ILR, unless you qualify for 10 long residence earlier than this.

[iamwiew]

OK so living in a council flat (with full rent and council tax paid) isn't considered as accessing to public funds then? I just thought it might be as the rent is a bit cheaper than private flat.

Yes I will definitely inform the Council if I move in, also the Home Office as they require notification on any change of my contact details. I shall be able to notify change of address without applying for a new BRP/ visa. Please correct me if I am wrong about this...?

Yes I am aware that my time will be reset to zero.

Thanks a lot for advice

[Casa]

OK so living in a council flat (with full rent and council tax paid) isn't considered as accessing to public funds then? I just thought it might be as the rent is a bit cheaper than private flat. No, as your partner was given the accommodation as a single person.

Yes I will definitely inform the Council if I move in, also the Home Office as they require notification on any change of my contact details. I shall be able to notify change of address without applying for a new BRP/ visa. Please correct me if I am wrong about this...? Correct

Yes I am aware that my time will be reset to zero.

Thanks a lot for advice

[iamwiew]

I just found a document says

A joint tenancy cannot be granted to 2 or more people if any of them is a person subject to
immigration control who is ineligible for local authority housing. This applies both to local
authority housing and to housing which is provided by a housing association as the result of
a referral from a local authority. A sole tenancy may be granted to someone who is eligible
(for example a British person or person settled in the UK) but whose spouse/partner is not
eligible. The ineligible spouse or partner is not counted as accessing public funds as a result
of this.

So I am getting confused, does this mean we can't have a joint tenancy and I shouldn't move in? I don't want to move in then have a trouble with my work visa in the future.

[Casa]

You can't have a joint tenancy, but the Local Authority can give you permission to live in the property. It will be their decision.

[iamwiew]

Sorry if i am being a pest but I don't quite understand. Say if the Local Authority give me permission to live in the property. Would my name appear on any a rent bills and council tax bills then?

I just want to make sure I don't get myself in trouble for work visa.

Thanks

[Casa]

Your name won't be included on the rent bills but you can have your name added to the Council tax and utility bills, joint bank statement etc.

[Casa]

Re your name on the Council Tax bill

i]Joint and several liability

Joint and several liability is when more than one person is responsible for paying the Council Tax at a property. For example if there is more than one owner or more than one tenant living in the property, or if the owner or tenant has a partner.

You are the partner of a person if you are husband and wife, living together as husband and wife, civil partners or living together as civil partners.[/i]

[iamwiew]

Sorry for opened the new topic. I just thought that the conversation is off the topic, thought it would be ok to open a new topic on a correct visa category. My apologies.

So that would mean paying rent is subject to me and my partner on who is paying, could be both or either of us but the rent bill will only come under his name, so as a result I automatically not access to public funds as it said on the document...correct?

For council tax, if we both live in this council property so we need to pay the full amount of council tax, and this will never cause a problem on my work visa (obviously no public funds touched)..?

I don't know if this matter but my partner has been on Job seeker allowance (no money allowance at the moment but he is still able to claim housing and council tax benefits). So if we're married and I move in, all his benefits will be cancelled, then we start paying full rent/ council tax but this shouldn't affect my immigration status...am I right?

Thank you

[iamwiew]

Sorry for opened the new topic. I just thought that the conversation is off the topic, thought it would be ok to open a new topic on a correct visa category. My apologies.

So that would mean paying rent is subject to me and my partner on who is paying, could be both or either of us but the rent bill will only come under his name, so as a result I automatically not access to public funds as it said on the document...correct?

For council tax, if we both live in this council property so we need to pay the full amount of council tax, and this will never cause a problem on my work visa (obviously no public funds touched)..?

I don't know if this matter but my partner has been on Job seeker allowance (no money allowance at the moment but he is still able to claim housing and council tax benefits). So if we're married and I move in, all his benefits will be cancelled, then we start paying full rent/ council tax but this shouldn't affect my immigration status...am I right?

Thank you

[CR001]

Yes, for any benefit entitlement, ALL household income is taken into account.