passthekimchi

Hi again, all.
Me and hubby should be submitting his application soon (adequate maintenance route), but I'm having some trouble getting written permission for him to live here from our housing association.
I requested multiple times that they write a letter basically saying "[Hubby's name] may live in the property," however they said they can't give express permission until he has his visa. What they're basically saying is "We can't give him permission to live here now because at the moment he wouldn't be allowed to live in the UK."

What the housing association did give us is a letter stating that our house currently has 3 occupants and can hold up to 5 people without being overcrowded (amongst other data). So we know that more people are permitted to live here, however we can't seem to find a way to get hubby's actual name on a letter that says specifically he has permission to occupy the property. What kind of written permission does the visa require? Does it have to name the visa applicant specifically? Any advice regarding this?

SanDiegogirl

Most letters from landlords/councils/housing associations etc have something like the following statement:

xxxxxx will be permitted to live at xxxxxxxxx subject to xxxxxx obtaining the necessary settlement visa which allows xxxx to live in the UK.

spouse of scouse

It's quite a common issue, all your housing association needs to do is provide a letter stating that your husband has permission to live at the property once he receives his spouse visa. Yes, his name needs to be on the letter but that shouldn't be a problem for the HA.

spouse of scouse

oops, sorry SDG, didn't see your post!

passthekimchi

Ah, thanks both for clarifying. I would have thought they would offer me such a letter when I requested permission originally.., but for whatever reason they didn't. I feel awkward calling them again but I will do tomorrow and mention the "once he gets his visa" stipulation. Hopefully that will get me somewhere, now that I can ask for something more specific.

spouse of scouse

I'd explain to them that the letter is required under the UK's immigration rules, and that it's routinely issued by landlords including housing associations. That may help them feel more comfortable about it - good luck!

passthekimchi

Thanks SOS! I called just now and explained this point to them. I also added the stipulation of permission being subject to an approved visa, and the fact that hubby needs to be named specifically on the letter. Also included the example mentioned by SanDiegogirl. Our tenancy advisor didn't give an outright no this time but said that I should put the request in writing, which I did and emailed to her a few moments ago. The advisor said the request would be passed on to her manager, so hopefully her manager is a good egg and we get a positive answer back.

Woodyd

My landlord letter from the Council doesn't mention my wife's name or that she can stay there? They just wouldn't do it. It's a 2 bedroom council flat. I am submitting a copy of my tenancy agreement. Should I be worried?

SanDiegogirl

So what does you landlord letter say? Just confirming that you are living there?

Woodyd

I can confirm that the above has resided at the above address since 05.02.18 on a secure tenancy. The property is a 2 bedroom and is currently occupied by Mr X and his daughter.
It you require any further information on the above, please do not hesitate to contact me on the details at the bottom of the page.

SanDiegogirl

The above just confirms who is living there now. The authorities are looking for confirmation that the applicant has somewhere to live (legally) once in the country.
The letter should state that your wife, when she has obtained her visa, can also stay in the apartment.

Woodyd

Thanks. The council said if the authorities want to know more about my wife staying there, they can call them. I don't know what the council are afraid of. They have no trouble with us.

Is there an official guideline I can show the council to convince them it's a requirement?

spouse of scouse

Your wife should submit your tenancy agreement, details of the accommodation plus a letter from the Council giving her permission to live there once she has a visa that allows her to legally reside in the UK.

https://assets.publishing.service.go...settlement.pdf
Details of the accommodation that you and your sponsor intend to live in and permission for you to stay there along with evidence of any other occupants This could include:  Land Registry documents  mortgage statements  rent book or tenancy agreement  council tax statements  property inspection report  utilities bills  accommodation details with a supporting letter from the occupant/ landlord confirming that you are able to stay there

Woodyd

Thanks for the link, spouse of scouse.

For Accommodation Requirement it says: 'You may wish to submit any of the following documents to provide us with evidence of your accommodation'
'This could include:
- Land Registry documents
- mortgage statements
- rent book or tenancy agreement
- council tax statements
- property inspection report
- utilities bills
- accommodation details with a supporting letter from the occupant/ landlord confirming that you are able to stay there.'

The wording suggests these are optional. I am sending tenancy agreement, council tax statement, landlord letter to say I still live there, supporting letter saying she will live with me.

Not trying to start an argument, just pointing out their rules. Any comments?

spouse of scouse

I don't argue with anyone online so you're safe there Yes, my comment is that the documents listed are example of those you may wish to include to support your application and particular situation. Your situation is that your wife is intending to move into a rented property that doesn't name her on the tenancy agreement, so the Home Office will want to know that the landlord is willing to allow her to live there/be included on the tenancy agreement. You can send the documents you have and cross your fingers, but it's not a risk I'd take.