AussieExpat123

Hi,

My finance is in the UK and I am in Australia and we are in the process of people together a fiance Visa for us to get married and live in the UK.

We have everything that it looks like is required of us, except we do not have a tenancy agreement. My fiance currently lives in a share house, with one of the other members in the house on the tenancy agreement. For whatever reason the landlord does not want to draw up a new tenancy agreement with my fiance's name on it as well.

The real estate agent has said they will sign a letter stating she has been living in the house for 6 months and that I have permission from the landlord to reside in the place once I arrive.

What are people's thoughts on this situation?

BritInParis

Are you expecting to move into the share house?

AussieExpat123

Yes I would be moving into the share house. The real estate agent is happy to write a letter stating that I will be moving into the property once my Visa is granted. However, the landlord does not want my fiance to be on the tenancy agreement itself.

BritInParis

Without her name on the tenancy agreement she could be turned out on the street at any time without any legal recourse. A letter from the landlord won't carry much weight and I suspect that would be the ECO's opinion as well. Maybe time to start looking for a new property if the landlord won't budge. The loss of your fiancé's rent may spur them into taking the hit from the estate agent to draw up a new tenancy agreement if that's their issue.

AussieExpat123

Yeah that is our concern as well. The way it seems is that we are not going to get a tenancy agreement, so one option is to move into a new tenancy.

Is there any merit in getting a statutory decleration from her mum and brother stating we could move into either of their houses is a worst case scenario. Her mum owns a 3-bedroom house with just herself living there, and her brother owns a 4-bedroom house with just 2 adults and 1 kid. There is ample room for us in a worst case scenario, but unfortunatley I'm not confident at all in an ECO seeing it that way.

BritInParis

I think that would be a very good idea and I wouldn't mention the share house at all. Whether you decide to live there or not after the visa is granted is up to you. You should also include evidence that her mother owns the property and that there is sufficient room as you say.

AussieExpat123

Cheers guys. On advice from a lawyer, we've got a copy of the land title, a property inspection and a letter from her mum stating that we can stay there.

We have mentioned the share house in London because a lot of my fiance's mail gets sent there.

i guess we'll just wait and see. Should know in a couple of weeks.