Tenancy Contract requirement for Spouse Visa

[dellledd911]

Hi All,

I have an ILR and was hoping if you guys could sort out my doubt regarding spouse visa for my partner.

I currently live in a rented property which is under my name and I have just noticed that my initial contract agreement was signed on Aug 2019 for a year. So Since August 2020, I'm on a rolling contract. What can I do in such a situation? Can I just apply with the same contract or do I need to renew it for a fixed period again?
I'm planning to move out of my current place and buy a house when my partner's visa is granted, so I'm not looking forward to renew it.

Secondly, I read somewhere on this forum that you need a property inspection report from the council for your application. Is this true? I couldn't find anything on this on Gov.uk page. If yes, What exactly do I need to ask for from the council. Any idea about the charges?

Lastly, I usually use my solicitor for representing me for all my visa applications. Is Spouse visa application something straightforward that I can do by myself? Lets say, I made an error and my application was refused. I'm assuming my application fee wont be refunded, however what about the IHS charges?

Your input will be much appreciated.

Thanks

[dellledd911]

Also, my partner was here in the UK 2 years ago for her Masters and she graduated in 2019. Does she still require an English test as a part of her spouse visa application?

[vinny]

That’s sufficient.

English language requirement

E-ECP.4.1. The applicant must provide specified evidence that they-

• (a) are a national of a majority English speaking country listed in paragraph GEN.1.6.;
• (b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;
• (c) have an academic qualification which is either a Bachelor’s or Master’s degree or PhD awarded by an educational establishment in the UK; or, if awarded by an educational establishment outside the UK, is deemed by Ecctis to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English to level A1 of the Common European Framework of Reference for Languages or above; or
• (d) are exempt from the English language requirement under paragraph E-ECP.4.2.

Right up to ILR and citizenship.

[dellledd911]

That’s sufficient.

English language requirement

E-ECP.4.1. The applicant must provide specified evidence that they-

• (a) are a national of a majority English speaking country listed in paragraph GEN.1.6.;
• (b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;
• (c) have an academic qualification which is either a Bachelor’s or Master’s degree or PhD awarded by an educational establishment in the UK; or, if awarded by an educational establishment outside the UK, is deemed by Ecctis to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English to level A1 of the Common European Framework of Reference for Languages or above; or
• (d) are exempt from the English language requirement under paragraph E-ECP.4.2.

Right up to ILR and citizenship.

Hi Vinny,

Thanks for clarifying about the IELTS.

So regarding my Tenancy Agreement, I was on a fixed term contract when I moved into the house for the first time in Aug 2019. The contract was for a year and it ended on Aug 2020. I spoke to my Landlord regarding this and he said after the initial period, the contract becomes an AST periodic tenancy.

I have asked my landlord if he can provide a NOC letter and maybe some letter to confirm that I'm on an AST periodic tenancy and I intend to stay for long. Will this work? Or what else can I do to make my spouse visa application strong? Kindly advice.

[JB007]

So regarding my Tenancy Agreement, I was on a fixed term contract when I moved into the house for the first time in Aug 2019. The contract was for a year and it ended on Aug 2020. I spoke to my Landlord regarding this and he said after the initial period, the contract becomes an AST periodic tenancy.

A periodic tenancy is a legal tenancy agreement in England.
https://england.shelter.org.uk/housing_ ... nancy_ends

[dellledd911]

So regarding my Tenancy Agreement, I was on a fixed term contract when I moved into the house for the first time in Aug 2019. The contract was for a year and it ended on Aug 2020. I spoke to my Landlord regarding this and he said after the initial period, the contract becomes an AST periodic tenancy.

A periodic tenancy is a legal tenancy agreement in England.
https://england.shelter.org.uk/housing_ ... nancy_ends

Thanks and I get that. So can I just upload the tenancy agreement that expired in 2020 and also upload NOC from my landlord. Will that be more than enough?

[AmazonianX]

So regarding my Tenancy Agreement, I was on a fixed term contract when I moved into the house for the first time in Aug 2019. The contract was for a year and it ended on Aug 2020. I spoke to my Landlord regarding this and he said after the initial period, the contract becomes an AST periodic tenancy.

A periodic tenancy is a legal tenancy agreement in England.
https://england.shelter.org.uk/housing_ ... nancy_ends

Thanks and I get that. So can I just upload the tenancy agreement that expired in 2020 and also upload NOC from my landlord. Will that be more than enough?

Yes, do just that and you will be fine.

[dellledd911]

Hi All,

First of all, A very Happy New Year to all!

I'm still sorting out and organizing the required documents for my application.

Meanwhile I paid a small fee for a putting together a template (from a UK based practicing barrister I found on weblink removed) for my landlord to sign stating that he/she has given consent to my spouse to reside in the property and also confirming my assured shorthold tenancy continuation.

When the template was delivered by the barrister, he said that I MUST provide the copy of my landlords passport or ID.

Is that necessary? I'm assuming my landlord will hesitate as I'm not anyway related or friends with him to trust me with a copy of his personal identification.

Kindly advise me on this.

Thanks

[AmazonianX]

Hi All,

First of all, A very Happy New Year to all!

I'm still sorting out and organizing the required documents for my application.

Meanwhile I paid a small fee for a putting together a template (from a UK based practicing barrister I found on weblink removed) for my landlord to sign stating that he/she has given consent to my spouse to reside in the property and also confirming my assured shorthold tenancy continuation.

When the template was delivered by the barrister, he said that I MUST provide the copy of my landlords passport or ID.

Is that necessary? I'm assuming my landlord will hesitate as I'm not anyway related or friends with him to trust me with a copy of his personal identification.

Kindly advise me on this.

Thanks

The need for barrister is what I don't understand.
While your assumption is most probably correct and not heard of agent or landlord providing their ID as an NOC is a simple letter containing their contact details should verification be required.

[dellledd911]

Hi All,

First of all, A very Happy New Year to all!

I'm still sorting out and organizing the required documents for my application.

Meanwhile I paid a small fee for a putting together a template (from a UK based practicing barrister I found on weblink removed) for my landlord to sign stating that he/she has given consent to my spouse to reside in the property and also confirming my assured shorthold tenancy continuation.

When the template was delivered by the barrister, he said that I MUST provide the copy of my landlords passport or ID.

Is that necessary? I'm assuming my landlord will hesitate as I'm not anyway related or friends with him to trust me with a copy of his personal identification.

Kindly advise me on this.

Thanks

The need for barrister is what I don't understand.
While your assumption is most probably correct and not heard of agent or landlord providing their ID as an NOC is a simple letter containing their contact details should verification be required.

You are absolutely right and it doesn't require. But since my situation with the shorthold tenancy agreement and being aware that HO refuses applications when there are errors, I thought it would be better if I use an expert to produce a template to show my landlord is okay and same time proving that I still live at the property and continue to do so after the short hold period.

To be honest with you, this is my first application and I'm just being extra cautious because I know it costs a lot if I don't do it right. I thought it was better to buy a template rather than applying for full representation.

[dellledd911]

Can someone tell me what should be the answer here?

My wife is an Indian citizen who has visited UK on a visit visa multiple times and also did her Masters in 2018 on a student visa. Does student visa fall under the Leave to remain category?

[dellledd911]

Bump

[CR001]

She should declare all visa made to the UK.

[dellledd911]

She should declare all visa made to the UK.

That's fine I understand. My question was does tourism visa and Tier 4 Visa which she had in the past fall under Leave to Remain category?

[TODMATT]

She should declare all visa made to the UK.

That's fine I understand. My question was does tourism visa and Tier 4 Visa which she had in the past fall under Leave to Remain category?

tourist visa & tier 4 granted from abroad will be called leave to enter but you need to declare all previous travel to the UK anyways so I would say NO but you can also write a cover to clarify if you are in doubt.

[dellledd911]

Thanks for your advice! I will put that into the cover letter

[dellledd911]

Hi Everyone,

I'm finalizing my application now. Just one more question.

So I rent a 4 Bedroom house since 2019. The contract was signed under me and my cousin brother who was living with me at the time during his University term. He left relocated back to his home country after completing his studies last year. I forgot to ask the Council to remove his name and I just realized when sorting out the documents. I have emailed the Council to remove his name and send me an updated bill. However, they said this request might take a month or more due to their backlogs.

On the application, I have answered NO to the question: Is there anybody else living on the property.
Now, will this be an issue if they see my cousin's name on the contract and council bill?
Should I mention about it on the cover letter or just ignore it?

Kindly advise.
Thanks

[dellledd911]

Hi All,

First of all, A very Happy New Year to all!

I'm still sorting out and organizing the required documents for my application.

Meanwhile I paid a small fee for a putting together a template (from a UK based practicing barrister I found on weblink removed) for my landlord to sign stating that he/she has given consent to my spouse to reside in the property and also confirming my assured shorthold tenancy continuation.

When the template was delivered by the barrister, he said that I MUST provide the copy of my landlords passport or ID.

Is that necessary? I'm assuming my landlord will hesitate as I'm not anyway related or friends with him to trust me with a copy of his personal identification.

Kindly advise me on this.

Thanks

The need for barrister is what I don't understand.
While your assumption is most probably correct and not heard of agent or landlord providing their ID as an NOC is a simple letter containing their contact details should verification be required.

Hi buddy, can you please advise me on my last post on this thread? trying to declare and pay today so would appreciate if you can respond

[dellledd911]

Hi Everyone,

I'm finalizing my application now. Just one more question.

So I rent a 4 Bedroom house since 2019. The contract was signed under me and my cousin brother who was living with me at the time during his University term. He left relocated back to his home country after completing his studies last year. I forgot to ask the Council to remove his name and I just realized when sorting out the documents. I have emailed the Council to remove his name and send me an updated bill. However, they said this request might take a month or more due to their backlogs.

On the application, I have answered NO to the question: Is there anybody else living on the property.
Now, will this be an issue if they see my cousin's name on the contract and council bill?
Should I mention about it on the cover letter or just ignore it?

Kindly advise.
Thanks

[AmazonianX]

Hi Everyone,

I'm finalizing my application now. Just one more question.

So I rent a 4 Bedroom house since 2019. The contract was signed under me and my cousin brother who was living with me at the time during his University term. He left relocated back to his home country after completing his studies last year. I forgot to ask the Council to remove his name and I just realized when sorting out the documents. I have emailed the Council to remove his name and send me an updated bill. However, they said this request might take a month or more due to their backlogs.

On the application, I have answered NO to the question: Is there anybody else living on the property.
Now, will this be an issue if they see my cousin's name on the contract and council bill?
Should I mention about it on the cover letter or just ignore it?

Kindly advise.
Thanks

Mention in cover letter, ref and submit evidence of your efforts to correct it with the council.

[dellledd911]

Hi Everyone,

I'm finalizing my application now. Just one more question.

So I rent a 4 Bedroom house since 2019. The contract was signed under me and my cousin brother who was living with me at the time during his University term. He left relocated back to his home country after completing his studies last year. I forgot to ask the Council to remove his name and I just realized when sorting out the documents. I have emailed the Council to remove his name and send me an updated bill. However, they said this request might take a month or more due to their backlogs.

On the application, I have answered NO to the question: Is there anybody else living on the property.
Now, will this be an issue if they see my cousin's name on the contract and council bill?
Should I mention about it on the cover letter or just ignore it?

Kindly advise.
Thanks

Mention in cover letter, ref and submit evidence of your efforts to correct it with the council.

Thanks for your reply. I will do that as advised.

I have one more dilemma and I have been searching around this forum for a solution and couldn't find one.

So its a 4 bedroom property and as mentioned before, my cousin brother used to live with me and has now left. I will mention this on cover letter and also a screenshot of my request to the council email to remove his name from the bill.

Now one of my close friend and his sister are staying in my spare room and are contributing to the bills as gesture of good will. My friend started living in my spare room in 2020 when he lost his hospitality job due to first lockdown. He was there from the time he lost his actual job which was around March 2020 until February 2021 when he finally decided to go back to his his parents home country. He then came back to the UK in July 2021 in search of a new job and has been residing with me till now along with his sister. They will leave the house as soon as my wife joins me in the UK.

My landlord is aware of this and he is okay even though the tenancy agreement doesn't allow subletting and the property is not under HMO license. My landlord has also given me a signed NOC letter giving a description of the property and giving consent for my wife to reside in the property. Obviously nothing mentioned about my friend and his sister residing temporarily at the property.

As of now, I have answered the question "Is anybody else living in the property" with NO.
I answered NO because the tenancy agreement doesn't agree to subletting and I don't want HO to see that I'm breaching the tenancy agreement and as a result, refuse my visa (Can they do that?)

I asked one of my colleague who applied for his spouse visa by himself for his advice and he said that if the contract says the property has 4x bedroom and I'm the only one living there - this will create doubts in the eyes of the case worker and wonder why I'm in a 4 bedroom property by myself and how am I affording it? After hearing this, I'm really stressed out and stuck with my application. Do they really care about all this?

How can I deal with this situation?
Should I just stick with the answer NO and carry on with the application?

I have been scratching around my head for a while on this and its stressing me out.
Please help. Thanks

[TODMATT]

I don't think they can refuse you based on that reasons but you are living with other non relatives so just for precaution purpose, I will do inspection report just to be on a safe side although it is not mandatory but it can strengthen your adequate accommodation.

[dellledd911]

I don't think they can refuse you based on that reasons but you are living with other non relatives so just for precaution purpose, I will do inspection report just to be on a safe side although it is not mandatory but it can strengthen your adequate accommodation.

Thanks for your advise sir! Really appreciate it