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Meeting the adequate accommodation and English language requirements

Meeting the adequate accommodation and English language requirements

Old Sep 18th 2017, 10:46 am
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Default Meeting the adequate accommodation and English language requirements

Hi all, I am still very grateful for this forum and the contributors who helped me through my wife's application back in October last year.

I am now helping a friend. He (the sponsor) would like his family to join him in the UK. The applicants would be his non EEA wife and his 12 year old daughter (born before the sponsor obtained his British Citizenship which is why she isn't a British Citizen).

The sponsor and the applicant have 5 other children (don't ask!) who hold British passports. The six children and his wife live in Afghanistan.

Children's age:
1. 12 years old female (Afghan national)
2. 9 years old male
3. 8 years old female
4.7 years old male
5. 6 years old male
6. 2 years old female (number 2 to 6 hold British passports)

The questions he has are in relation to meeting the accommodation and English language test requirements.

Accommodation

What is the minimum number of bedrooms (which i understand could include a living room if it is a flat) he would need to rent to satisfy the accommodation requirement?

I read the adequate accommodation Appendix FM Annex... which states:

"8.4.1. The room standard
The room standard is contravened under the Act when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons aged 10 or over of the opposite sex who are not living together as a couple must sleep in the same room."

"8.4.3 Method of assessing whether accommodation is overcrowded
1. Count the number of people who would be occupying the accommodation.
This includes everyone who would be occupying the house, including those who are not parties to the application for leave. Children under one year old are not counted; children aged between one and 10 are counted as a half."

Based on this, my interpretation and suggestion to my friend would be to rent a 3 bedroom flat:

One room to be shared by the 12 and 8 years old (both females)
One room to be shared by 9, 7 and 6 years old males
the two year old female could sleep in parents' bedroom
there would also be the living room which I understand would be counted as a sleeping room if it is a flat

Have I interpreted the rules correctly or am I totally missing the point here?


English test


His wife is 45 years old. She had suffered a trauma due to members of her family being killed during civil war in Afghanistan and as a result was not able to finish her school. She is unable to learn English due to this condition. She has seen a specialist doctor who has diagnosed her with Major Distress Disorder (MDD). The written and stamped doctor letter has been translated professionally (even though when I checked the quality of the translation, it is not that good really, so he may have to get this re-translated).

The question he has is: would his wife MDD condition be sufficient to prove that she can be exempt due to a mental disability that prevents her from studying in her own language let alone ability to pass the English test? I suggested to him that a letter from her previous school confirming her dropping out of school signed by the local authorities may also help provide more evidence towards her exemption?

Really sorry for writing so much but as you can see he is facing a complex scenario and I want to do my best to help him. Any help would be highly appreciated.

Thank you all in advance!

Last edited by omario2016; Sep 18th 2017 at 11:02 am.
omario2016 is offline  

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