The UK Spouse Visa allows the spouse or civil partner of a British citizen or permanent resident to join them in the UK and live together. With this visa, the individual can work for a certain period before applying for indefinite leave to remain (ILR).
Before you begin your application, you need to know the eligibility criteria and requirements, especially the accommodation requirement. This article will provide a detailed understanding of the ‘adequate accommodation’ requirement, the types of accommodation that meet the requirement, and the evidence that you need to prove that you meet these requirements.
While you bask in the excitement of joining your partner in the UK, it is important that you know the UK Spouse visa accommodation requirements. Finding a proper accommodation can be a Herculean task, hence the need to know the requirements so that you can start your search early.
Understanding the ‘Adequate Accommodation’ Requirement
To meet the ‘adequate accommodation’ requirement, the spouse’s house needs to meet the required housing standards, be safe, and have sufficient space. The house must be paid for by the spouse and not with public funds.
To be considered safe, the house must be spacious enough for the number of people living there and must be free from health and safety hazards. There are some instances where sharing will be allowed; however, part of the property should be used exclusively by the applicant’s family.
The Housing Act 1985 listed some requirements a house must meet before the applicant can assume that it is not overcrowded. The property must not be a temporary fix obtained through the government’s assistance, i.e., it must either be where the spouse has been living for a while or a better version where he/she intend to live for a long time with his/her spouse.
The government pays strict attention to the accommodation requirement because they do not want an immigrant who will become a liability. Furthermore, they are concerned about the safety and health of UK residents; hence, the basic public health, safety, and living space housing standards.
The main applicant is the one who needs to submit evidence of sufficient accommodation, while the sponsoring partner is the one who bears the financial burden and must also be able to live in the accommodation.
Types of Accommodation That Meet the Requirements
There are accommodation types that meet the accommodation requirements for a UK Spouse Visa, and they include a legally owned property, a rented property, a shared home with family and friends, and social housing.
The sponsoring partner needs to show that they own the property, either that they are paying the mortgage or they outrightly bought the property. If they are renting the property, then they must either have a tenancy agreement or a letter of permission from their landlord.
Note that there are clauses in the tenancy agreement that state the occupancy limits for the property. Hence, the number of people that will live there should align with what is obtainable in the tenancy agreement.
Another acceptable accommodation is shared property with family and friends. For this accommodation type, the applicant needs to present a letter of consent from the homeowner proving that they are allowed to live there and that the accommodation will not be crowded if the applicant starts living there too.
For social housing, as long as the applicant is legally allowed to occupy there and the property meets the necessary requirements, it will be considered.
Essential Evidence Needed to Prove ‘Adequate Accommodation
The immigration authority will require certain documentation or forms of evidence from you to verify that your property meets the ‘adequate accommodation’ standard. For owned properties, you will be asked to present any of the following: title deeds, land registry documents, council tax bills, or mortgage statements.
For rental agreements, you will be asked to present a signed and dated tenancy agreement, a confirmation letter from the landlord or letting agent confirming legal occupancy, letters from banks confirming regular rent or mortgage payments, utility bills addressed to the sponsoring partner, and proof of the sponsoring partner’s right to rent (if applicable).
Spouses who are living with family or friends need to submit a letter of consent from the homeowner or main tenant. The letter will expressly clarify that the applicant is allowed to live there and will state the total number of occupants after the applicant arrives.
The spouse may also be required to submit proof of their legal entitlement to the property. That means the homeowner’s/tenant’s right to reside in the property, such as a tenancy agreement, title deeds, etc.
Another evidence to present when living with family and friends is the council tax bills, which will be addressed to the homeowner/tenant. Other sufficient evidence includes floor plans/blueprints to show the size and layout of the accommodation, and housing reports.
Avoiding Common Pitfalls and Ensuring Compliance
Usually, the couple, children below 10 years, and children above 10 who are of the same gender can be allowed to share a room. This means that children who are 10 years old or above of the opposite sex must have separate rooms.
To meet the safety standards, the property must be free from hazards such as poor ventilation, dampness, structural issues, and legal restrictions that prevent anyone from living there. It must have safety precautions such as a fire extinguisher, sprinklers, emergency exits, etc.
Continuously, the housing costs (such as mortgage payments, council tax, and rent) are deducted from the couple’s income, and then, from the balance, it will be determined if they can live comfortably without relying on public funds.
This is not a direct accommodation requirement, but is known as the ‘adequate maintenance’ requirement.
If during the application, the couple changes their accommodation, they must inform the UK Visas and Immigration (UKVI).