beautiful_mind

Hello,

We are trying to work out whether we meet the adequacy requirements of the Home Office for our accommodation in UK. Please advise

We have exclusive use of two double rooms in a shared house. We have two children under age 10 and one child under age 1. Will this suffice?

What documents do we need to provide with our application for accommodation? Thanks!

SanDiegogirl

How many children do you have - 2 children under 10 and one under 1 = 3

beautiful_mind

Yes I have 3 children (youngest is under 1)

SanDiegogirl

Any children under 1 year old are not counted. Children between 1 and 10 years old count as a half.

Number of rooms 1 = 2 persons
Number of rooms 2 = 3 persons
Number of rooms 3 = 5 persons

Shared house means you have to provide documentation showing who owns the property and a letter giving their permission for you and family to stay there,

https://www.gov.uk/government/public...odation-maa--2

beautiful_mind

Thanks SDG! So I just need the Registry Title deed from the landlord and his No objection certificate, that's it right?

With regards to satisfying the overcrowding requirements, you have said that 2 rooms are sufficient for us. Does it matter that there are other tenants that live in the same house? I don't know if the house is overcrowded or not as a whole. I am not sure if they check that. I just don't want to be taking any risks... I might be overthinking things.... we are very anxious about making any mistake

Sorry for asking so many questions. Appreciate all your help

spouse of scouse

It sounds like the property is a HMO (Houses in Multiple Occupation), so how many people overall are living in the property must be stated. The link provided by SanDiegogirl explains a little more about HMO. If the Entry Clearance Officer processing the application is unsure whether or not the property would be considered overcrowded, they'll defer to the local authority (Council) for a decision.

From previous posts regarding the suitability of an HMO to meet the accommodation requirement, the applicant needs a letter from the landlord specifying the total number of rooms in the property and the total number of people living in the property. As the landlord needs to provide a letter stating they have no objection to the applicant living in the property, they can just add the above information to this letter.

Best of luck with the application.

beautiful_mind

Thanks spouse of scouse. Yes its like an HMO but I am not sure if it is licensed to be one.

Is there any risk of my application being refused if its referred to local authority and it turns out to be not licensed? Its not really my fault here. I do have exclusive use of two rooms for myself and family.

I do not want to be taking any risk. I would consider moving if I have to. My kids are well adjusted in their schools so I would do so if its absolutely necessary

spouse of scouse

I would have the same concerns if I were in your situation.

Have a look at this latest guidance issued for Home Office staff on the subject of HMO meeting the accommodation requirement, paying particular attention to page 25 of the document
https://assets.publishing.service.go...ommodation.pdf

Of particular relevance to you are the following from this document:

There are separate overcrowding provisions for HMOs. Local authorities have the power to serve an overcrowding notice in relation to a HMO specifying the maximum number of people permitted in the house or preventing any further residents.

In the case of HMOs, it may be necessary for the decision maker to obtain written confirmation from the local authority that there is no objection to an additional resident moving in.

If the property is an unlicensed HMO, or if it's licensed but exceeds the local authority's licencing conditions regarding the maximum number of people permitted to live in the house, then I believe your application would be refused. This is not a question of 'fault' on your part, it's simply that the ECO processing the application must be satisfied that the accommodation does not contravene overcrowding or public health regulations. It's up to the applicant to provide sufficient information to allow the ECO to make that decision and if they don't, then then the ECO will seek that information from the local authority.

Unless your landlord is prepared to provide this information for inclusion in the application, such as details of the number of people living the property, the number of rooms, a copy of the HMO licence and the conditions attached to the license, then I think your best bet is to look for another place to live. I know that moving house is a hassle, but then again a refused spouse visa is a hassle too. Hopefully your HMO is licensed and your landlord is happy to provide you with the necessary confirmation and details.