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The council is saying that my studio with baby is overcrowded

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Hope1994
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Posts: 4
Joined: Wed Oct 24, 2018 5:35 pm
United Kingdom

The council is saying that my studio with baby is overcrowded

Post by Hope1994 » Wed Oct 24, 2018 5:54 pm

Hello, I need some help on my case please!

I am going to apply for Indefinite Leave to Remain soon after my 2,5 years extension spouse visa,
I live in a studio on sharing house with my husband and our 6 months daughter .(it's the same house i applied for my spouse visa and extension visa)
According to home office my daughter is uncountable as she is under one year for the purpose of how many person in the room
But when we apply for council house waiting list they put me on band C overcrowd.

Do you know if this will affect my ILR visa application?
Do you know if the overcrowd policy on the council and home office are different?

Which guidance shall I follow home office or council?

Hope1994
Newly Registered
Posts: 4
Joined: Wed Oct 24, 2018 5:35 pm
United Kingdom

Re: The council is saying that my studio with baby is overcrowded

Post by Hope1994 » Thu Oct 25, 2018 3:51 pm

I am desperate as i am not able to move out, anyone can help me with my enquiry please?
Hope1994 wrote:
Wed Oct 24, 2018 5:54 pm
Hello, I need some help on my case please!

I am going to apply for Indefinite Leave to Remain soon after my 2,5 years extension spouse visa,
I live in a studio on sharing house with my husband and our 6 months daughter .(it's the same house i applied for my spouse visa and extension visa)
According to home office my daughter is uncountable as she is under one year for the purpose of how many person in the room
But when we apply for council house waiting list they put me on band C overcrowd.

Do you know if this will affect my ILR visa application?
Do you know if the overcrowd policy on the council and home office are different?

Which guidance shall I follow home office or council?

Hope1994
Newly Registered
Posts: 4
Joined: Wed Oct 24, 2018 5:35 pm
United Kingdom

Re: The council is saying that my studio with baby is overcrowded

Post by Hope1994 » Sat Oct 27, 2018 4:22 pm

Anyone can help please :(

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aman90
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Posts: 1677
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: The council is saying that my studio with baby is overcrowded

Post by aman90 » Sun Oct 28, 2018 11:25 pm

Follow HO guidance. Rules are usually in tandem. Also contact Citizens advice bureau asap.
From what I've understood, you live in a privately rented studio in a house share? You've applied for social housing as the council thinks the studio is overcrowded? What is the requirement for accommodation by HO?

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: The council is saying that my studio with baby is overcrowded

Post by Casa » Mon Oct 29, 2018 11:11 am

aman90 wrote:
Sun Oct 28, 2018 11:25 pm
Follow HO guidance. Rules are usually in tandem. Also contact Citizens advice bureau asap.
From what I've understood, you live in a privately rented studio in a house share? You've applied for social housing as the council thinks the studio is overcrowded? What is the requirement for accommodation by HO?
A studio should meet the HO requirements, but perhaps the Council consider the whole property to be overcrowded. :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Hope1994
Newly Registered
Posts: 4
Joined: Wed Oct 24, 2018 5:35 pm
United Kingdom

Re: The council is saying that my studio with baby is overcrowded

Post by Hope1994 » Tue Oct 30, 2018 11:14 pm

Casa wrote:
Mon Oct 29, 2018 11:11 am
aman90 wrote:
Sun Oct 28, 2018 11:25 pm
Follow HO guidance. Rules are usually in tandem. Also contact Citizens advice bureau asap.
From what I've understood, you live in a privately rented studio in a house share? You've applied for social housing as the council thinks the studio is overcrowded? What is the requirement for accommodation by HO?
A studio should meet the HO requirements, but perhaps the Council consider the whole property to be overcrowded. :?:
The same number of persons still living on the property since my first spouse visa 5 years ago
the only change is my daughter
I made some research on my council site I found their overcrowd policy (I couldnt upload the table here)

-)For lone person is studio
-)For couble without child is one-bedroom
-)For parent with child under one year is one- bedroom or two-bedroom

Even i am not allow to bid for studio ,I am given option to bid only for one-bedroom

Definitely is not same home office requirement!!!


My fear it may case worker call the council and ask about the house! If is overcrowded

What shall I do?

Write cover letter and
explain my situation and why i am overcrowd on the council house waiting list or ignore the council decision and apply for ILR with studio flat

Any suggestion will be more appreciate.

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