happyharry87

Hi
I hope I am posting in the correct forum.
I have a question about the accommodation evidence for a UK fiancé visa. I am purchasing a property and have the contract for sale. I have enclosed details about the property as well as confirmation my offer was accepted from the vendor, and the mortgage offer document.
Is the signed contract enough to satisfy the accommodation criteria for my fiancé who is Turkish?
I haven't completed on the property yet though, but we want to apply ASAP and I was wondering if that was enough.
Any insight would be very helpful.
I look forward to hearing from someone.
Cheers

MonsterP

Welcome to BE!

Unfortunately it's not enough.
The house is not yours yet until it's completed. Then, as well as your mortgage document, you should submit your original Land Registry documents showing the property in your name.
Additionally, a Council Tax statement and at least one utility bill will be needed to help for proof of residence.

happyharry87

Hi MonsterP, thanks for your reply. What about the guidance that says “it is (or will be) legally owned”? Does this not qualify for the ‘will be’ part?

MonsterP

"will be"??? Doesn't make sense. You could put offers in on a 100 houses, but they're still not yours until completed. Plus you won't be able to provide the other documents required that I mentioned.

Interesting to see a link if you have it?

happyharry87

It won’t let me post a URL but if you type ‘Maintenance and accommodation (MAA)’ into Google the second link is the direct link to the document link. It is MAA9 “it is (or will be) owned or legally occupied for the exclusive use of the couple”.

It is also in the Google search under ‘Appendix FM section 1.7’. It is the first link and is section 8. Section 8.2 says “The applicant should provide evidence as to the basis on which the accommodation is or will be
be owned or occupied (including rented) by the family unit.”

I wonder why they would put ‘will be’ if it’s not the case. We are applying for a fiancé visa.

Thanks

christmasoompa

The forum will let you post a URL - because you're a new user, the forum will put the post in to the 'mod queue' so that a mod can manually approve it, but that doesn't usually take one of us long to do. So do feel free to post the link, and then just bear with us whilst one of us gets around to approving it.

HTH.

happyharry87

https://www.gov.uk/government/publications/maintenance-and-accommodation-maa/maintenance-and-accommodation-maa--2

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452967/IDI_Adequate_Maintenance_and_Accommodation_Appendi x_FM_Annex_1_7A.pdf#page19

MonsterP

I see your point, although, you would still have the difficulties I mentioned.

Clarification of what you mention in point number 9, is clear in point 10. Therefore, if you don't own the property, you would have to provide alternative accommodation in your application, such as rental property, staying with relatives, etc. Both of which, unless for your exclusive use, would mean you would need an inspection report done by a surveyor / council.

QUOTE...
10. MAA10 Legally owned or exclusively occupied
The ECO should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:

the ownership of the property and/or the duration of a lease
whether any lease enables the tenant to sublet to the couple or take them in as lodgers.
If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, for example, that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

If the couple have children with them there must be additional adequate accommodation for them (see MAA134 for maximum numbers of persons allowed).
...UNQUOTE

Perhaps a little patience needed. We've just gone through the same. I bought a house, exclusive for us. No need for an inspection report, but I did provide photos of the outside, from each room inside, and floor plans, so that the ECO would have no doubt about there being sufficient space. All the best.

ryongsong

Perhaps the 'will be' refers to rental contracts.

MonsterP

Quite possibly

spouse of scouse

MonsterP's given you very good advice re the need for the sale to be completed. You won't necessarily require the Land Registry document in your name, I didn't have this at the time of applying for my spouse visa as it takes an age to get. What I did was provide a copy of my solicitor's email confirming completion, and a copy of the Council tax bill which arrives very quickly after completion (of course!). Best of luck.

MonsterP

Thank you kindly spouseofscouse!

OP - When my purchase completed exactly a year ago, my Solicitor received the new LR deeds within two weeks. Unfortunately though, he then sat on them for 3 months! Always chase solicitors...

spouse of scouse

You're very welcome Mr Monster

Gawd - solicitors! Never met one who could pull you out of bed, let alone complete a property purchase in less than several months.