Accommodation requirement of Spouse Visa

[smcool]

Hi ,

I get six month contract of 1 bed flat last month.
And I am going to apply my wife spouse visa in July 2017 , Now I have 4 month Contract , and the Agency not change my contract until my end date of contract. Its fixed-term assured shorthold tenant. My contract will be on one month rolling after end of tenancy until they changed.
Can I apply my wife visa on 4 month fixed-term assured shorthold tenant contract.?


Many Thanks

smcool

[SimonS]

I hope so. My original 12 month contract expired May 2016 and I am on a rolling contract. I simply could not be bothered paying the outrageous agent fee to renew it. Applied wife visa in April. I asked landlord for Letter of No Objection which they were happy to provide and got agent to draft a new 12 month contract with my wifes name on it and forward start date. Sent current expired/rolling tenancy agreement and new one in as part of accommodation appendix.

Kind regards
Simon

[smcool]

But My agency not providing me new contract, until it finished.
is duration of contract must be six month before apply spouse. ?
Please help me

[Muira]

You need to show 6 months worth of payslips/evidence that you've been paid for six months.

[SimonS]

But My agency not providing me new contract, until it finished.
is duration of contract must be six month before apply spouse. ?
Please help me

Ok, let's start at step 1. Do you have the letter of no objection from the landlord?

[smcool]

No , but one Contract its show no of People = 2 allowed to live in that one Bedroom flat.

[SimonS]

No , but one Contract its show no of People = 2 allowed to live in that one Bedroom flat.

Unfortunately, unless your wifes name is on the tenancy agreement you need the letter of no onbjection from the land lord. Try negotiating with him/her. Ask them to draft a new agreement in both names, provide a letter of no objection and state you will gladly sign the extension when the current agreement expires.

It is not against the law to draft a new contract. They only get into trouble if they allow your wife to sign it without evidencing her right to stay in the country.

If they are unwilling to help, sadly you have no choice but to find another property. You absolutely need the Letter of No Objection.

[londonukguy]

I don't think there is any such requirement in law to provide no objection letter from Landlord.
A contact and an accommodation report should be sufficient

[SimonS]

I don't think there is any such requirement in law to provide no objection letter from Landlord.
A contact and an accommodation report should be sufficient

You do not need an accommodation report if you are a sole tenant. That only applies to Houses in Multiple Occupation - HMO.

There is nothing specific that states a Letter of No Objection is required.

However, the rules clearly state the property must be "legally occupied" to meet the requirement of "adequate accomodation"

The problem is that depending on the terms of the tenancy agreement, the current tenant could be in breach of their contract if they move somebody else in without permission. The landlord has every right to evict in this scenario. Consequently, the accommodation can potentially be considered not to be adequate because it cannot be relied upon. This is grounds for refusal.

The best way to assure to the ECO that this isn't going to happen, is to have the Letter from the landlord.

[smcool]

I already ask to put my wife name on the contract ,but they said we can't put her name until she arrive in UK.
But in Contract Its clearly mention number of people allowed = 2 .
The landlord is the building agency, they said after your fixed term contract, its automatically change to one month rolling contract , but they didn't give me on that in return. Also they don't provide letter of no obligation as well.
Can you please help me what else can i ask from agency ?

Many thanks

[SimonS]

I really don't understand why the agent is being so unreasonable. Is it because they can't be bothered to write the letter? Have you offered to write it for them and just have them sign it?

If they refuse to give a letter but it clearly states in the contract that the tenancy agreement is for "you and one other" then all you can do is go with that unless you want to delay the application and find somewhere else to live. As I explained above, the wording will need to be pretty water tight for the avoidance of doubt. The contract simply indicating that the property is "suitable" for 2 people without conferring the right to move somebody else in may not be good enough.

The issue is that the Home Office has a proxy "Duty of Care" to foreign nationals to whom it grants settlement Visas. Part of that duty is ensuring that they will not face any undue hardship during their stay. Since the UK Government flat refuse to provide any state aid, they have to be certain that you, the sponsor, will provide adequate maintenance and accommodation.

The majority of the application requirements are built around this basic "Duty of Care" principle. I don't wish to sound negative and your circumstances do not necessarily mean automatic refusal. I'm just trying to explain what you need to prove to have the visa granted.

In the accommodation appendix you will need to include the contract with the council tax bill and in the additional information section of Appendix 2, explain the specific page and paragraph of the tenancy agreement that gives the right to 2 people sharing the flat. In theory, that should be sufficient.

You should also provide the contact details of the agent so the ECO can call them if they wish to follow up.

Hope you find this helpful.

[Maalik786]

Hi,

I am facing the same issue my wife British national living in UK and we are preparing to apply soon BUT the issue we are facing is that the landlord / agency are not willing to provide the no objection letter.

She is living on her own in a one bedroom flat. we have tried everything to persuade them to provide us a letter but they are not willing to write one although they agree that I can come stay in a same flat with her.

I am really stressed about it. I don't know what else we can do regarding this.

The documents she has are as follow:
Tenancy Agreement
Council Tax Bills
Utility bills gas, water, electric etc

* We can also get the property inspection report (if needed)

I have no idea if it is worth applying without the no objection letter.

Or what other options we have???

[malik2908]

Hi, I just wanted to ask that does a studio flat fulfil the accommodation requirement for the spouse visa? some studio flats have shared Spam or shared bathroom's? will they be okay, some have everything inside.

[SimonS]

Hi, I just wanted to ask that does a studio flat fulfil the accommodation requirement for the spouse visa? some studio flats have shared Spam or shared bathroom's? will they be okay, some have everything inside.

Happy to help but I think this question is slightly off topic and applies solely to you. You should really start your own thread for the advice and not intrude on somebody elses.

In terms of the lack of "letter of no objection" from the landlord, I think I have fully answered that above. Studio flat is fine. If it is studio in HMO, property inspection report is required.