When applying for entry clearance, leave to remain or settlement as a partner of a British citizen or settled person, applicants need to demonstrate that they have adequate UK accommodation; otherwise, their application may be refused.
If you or your partner are applying for a UK family visa under Appendix FM of the Immigration Rules, there are a number of requirements that an applicant needs to meet. One of those requirements is showing that you and your partner have ‘adequate accommodation’ in the UK.
The Home Office considers accommodation adequate where it is owned or occupied exclusively by the applicant and their family, will be obtained without recourse to public funds, is not or will not be overcrowded, and does not breach public health regulations.
Although part of the accommodation must be for the exclusive use of the family, you are permitted to share other areas of the accommodation, such as the kitchen or the bathroom, with other members of the household. It should be noted, however, that the accommodation must have sufficient space and cannot be overcrowded. The Home Office will consider the number of people living in the accommodation, even those who are not included in the visa application, across the number of bedrooms that are available for each member of the household. As such, it is essential that applicants choose their accommodation carefully to avoid delays and / or a potential refusal of their visa.
To evidence that your accommodation meets the requirement of ‘adequate’, the Home Office will be looking to see legal evidence of your occupation in the form of a tenancy agreement or a property deed, for example.
The above list of requirements is not exhaustive, and to ensure that your accommodation meets the Home Office requirements, applicants should seek immigration advice on their family visa application.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.