spouse of scouse

This has probably been covered in previous threads but I can't find it, so I'm bringing it up in case some potential spouse visa applicants aren't aware of it.

I was chatting to a mate whose spouse is about to apply for a spouse visa. In order to meet the accommodation requirement, some applicants have previously used a short term holiday let, or provided proof that they are permitted to stay with friends who rent their accommodation. Another scenario is that the British citizen spouse comes to the UK first, rents a property, and the non Brit spouse uses that address in their application to meet the accommodation requirement (along with a letter from the landlord giving permission for them to be added to the lease).

With the relatively new Right to Rent legislation, it seems that all of these avenues have been closed to applicants? Landlords can only rent to people who can demonstrate they are legally permitted to live in the UK. The legislation covers everyone 18 years and older, whether they are named on the lease or not.
https://www.gov.uk/government/public...de-of-practice

Consequently, meeting the accommodation requirement with a rental property seems impossible? It won't be possible to obtain a letter from a landlord, saying that the spouse visa applicant can live in a property - because the spouse visa applicant hasn't yet obtained the right to live in the UK.

I've looked but can't even find any exemptions for holiday lets. Does anyone know more about this?

quiltman

I would have thought that if the British citizen is the one renting, then the landlord can give permission subject to the spouse obtaining the right to live in the UK. This way, the landlord meets the requirements of the act as he is aware the spouse does not yet have right of abode in UK , and subject to them seeing, and probably taking a copy of, the spouse visa all is legal?

bobbyleo

Glad you bought this up as I am in the same position and currently in the UK looking at rental possibilities ahead of my spouse submitting application just to check the 'accommodation' box.

The new legislation adds another hurdle to the already complicated application.
It may be possible to get an agreement from the landlord or letting agency but I am finding that just the mention of the word 'immigration' can cause potential landlords to shy away. Lets face it, they want an easy tenant with no complications.
Other complications may include credit checks and references.
In a nut shell, I am being asked to fork out 6 months rent in advance plus the deposit and other misc fees.
One door opens and another closes!

formula

Yes and yes.

Shirtback

If you are a British citizen, why are you mentioning "immigration" to potential landlords?

The 6 months rent in advance is unfortunately (sometimes) par for the course & well documented here on BE.

Otherwise, I agree with Formula & Quiltman.

spouse of scouse

That's the commonsense approach, and one that you'd hope would be accepted by Home Office visa processing staff.

But since I can't find a single official reference to this being acceptable proof of accommodation, I don't think I'd want to risk thousands of pounds and a refusal based on what I think would be a reasonable decision by the Home Office. As far as I'm concerned, they have form

spouse of scouse

You'd have to let the landlord know that a non-Brit would be living there too, in order to get the letter of approval, in order to send the 'subject to' letter of approval with your visa application, as evidence of meeting the accommodation requirement. Yes, it's a dog's breakfast. And I still wouldn't put my faith in that being enough evidence, until I've seen it in writing from the UK govt.

bobbyleo

Because two of the tenants are not British citizens and need to provide future evidence of their legal status before any contract can be accepted.
Having to pay all fees plus 6 months rent in advance, it's in my interest to disclose everything now rather than later. If it's an issue to the landlord I want to know before I waste my viewing properties, sign a contract and open my wallet,

Shirtback

Referring back to SOS's original post & link: I'm not seeing how meeting the accommodation requirement through a rental is impossible for a returning UKC?

Or am I being thicker than usual?!

bobbyleo

It's not impossible , just another hurdle to overcome if you are using a lease as proof of accommodation for a settlement visa.

formula

It isn't and you aren't

angie_329

Holiday lets are exempt. There is the time limited aspect allowed , so if a tourist enters and gets six month entry they can rent legally for that period. for more details see landlordzone- also in relocation employees are put in temporary accommodation, service/holiday lets until they find a permanent home. So you can start off in a holiday let whilst looking for permanent which makes sense for anyone moving countries. Of course you will not get utility bills in a holiday let, I suggest you register at electoral register though if you British. http://www.landlordzone.co.uk/update/january16.html The Immigration Act 2014 says ALL residential tenancies, including lodgers in landlords’ homes and even tenants who sub-let, must comply. There are few exemptions: social housing, student halls of residence, holiday lets are examples

angie_329

Holiday lets are exempt. There is the time limited aspect, so if a tourist enters and gets six month entry they can rent for that period. for more details see landlordzone site January 2016. also in relocation employees are put in temporary accommodation, service/holiday lets until they find a permanent home. If you are returning to UK I would join the electoral register if you can, as you will not have utility bills in a holiday let.

'The Immigration Act 2014 says ALL residential tenancies, including lodgers in landlords’ homes and even tenants who sub-let, must comply. There are few exemptions: social housing, student halls of residence, holiday lets are examples'