Living apart, spouse visa?
 

Hello everyone.
I have an important question... Me and my husband are hoping to apply for the spouse visa soon (he is from England and I'm from Latin America) currently he is renting a room in a shared house, he told me that maybe when I arrive there I can stay at his mums house but he cannot stay with me because the room only is a single bed. The other option he told me is that I stay at a hostel for some months until we find a place of our own. My question is can that be a big problem I mean he staying in one place and me in another. I send the question to and adviser but sadly I haven't had any reply. Thanks in advance.

Re: Living apart, spouse visa?
 

It's a huge problem as it is a condition of the visa that you have a place to live that I'd an adequate size for the people living there. HOWEVER you only need to prove that you have a place to live, it doesn't have to be near your husband's place of work, in fact it could be at the far end of the country, in the highlands of Scotland, and still meet the requirements of accommodation for the visa even if your husband has a job in Cornwall.

So I would recommend that you (both) give the accommodation address for the visa as his mother's house, assuming it is big enough. There is nothing to stop your husband continuing to rent a room in a shared house near his place of work.

Re: Living apart, spouse visa?
 

Hello first of all thank you for the reply. If we put the address of his mum saying that both are staying there and then they find out that I'm living there but he is renting somewhere else that cannot be a big problem for me? Like then me losing the visa or getting a penalty of not entering the country for a while or something like that. :)

Re: Living apart, spouse visa?
 

It's no problem at all. There are plenty of people, albeit a small minority, in the UK who own more than one home - for example, a flat in london, either small and functional and at a convenient location near their workplace, or large and luxurious for entertaining "in town", and another home "in the country" for weekends, holidays, or their family, so having two "home addresses" wouldn't be a problem even if you disclosed it.

The only requirement for the visa is that you demonstrate that there is suitable living accommodation for both the visa sponsor and their family, not that it is convenient for commuting to their job.

Re: Living apart, spouse visa?
 

I'm not sure that that's sound advice. The OP said that the room in the parents' house is a single bed. Is that going to pass the suitable accommodation requirement? -

Re: Living apart, spouse visa?
 

The requirement is on the building, adequate facilities (toilet, bath, kitchen), area of the living space, and room size, not the furniture, so unless the bedroom is little more than a closet they won't have a problem, assuming the rest of the house is adequate for the current residents, plus the OP and her husband. ..... If they're in doubt, they could always buy a bunk bed!

Re: Living apart, spouse visa?
 

Does it not depend partly on their being accommodation of a sufficient size for all those living there?
Even if one partner lives away at times due to work, the accommodation for the Spouse Visa is supposed to be a home shared by the couple, and in this case also shared with parents. So if there is one bedroom used by the parents, and one small single bedroom supposedly used by the couple themselves I forsee problems if someone decides to do an inspection.

Re: Living apart, spouse visa?
 

You quoted a first draft of my post, I have expanded it significantly since then. :)

Re: Living apart, spouse visa?
 

Well, I'm no expert (but we have several on here). While we await clarification I would, if I were the OP, be thinking caveat emptor on your advice.

Re: Living apart, spouse visa?
 

+1

Re: Living apart, spouse visa?
 

Hello yeah dunno really what to do about it I can't afford the hostel for months and even if I can I don't think they will accept that and well the other option is staying at his parents in the single room cos he doesn't want to move with me to his parents house.

Re: Living apart, spouse visa?
 

From reading the OP's original post, I could see some issues with their application as they would not be fulfilling one of the main criteria and that is having accommodation available for the incoming spouse for the couple to live together as a couple. The husband's idea that the wife lives in a hostel for some months is quite bizarre! If hubby is already renting would it not be feasible to rent somewhere where his wife could join him?

However, moving on .....

IF they apply with the wife intending to stay at the parent's house (presuming this would fly with the authorities), the house would need to be able to accommodate her. The rule for non overcrowding follows the table below:

Number of rooms Maximum number of people allowed
1 2
2 3
3 5
4 7.5
5 10
Each additional room in excess of 5 An additional 2 people

e.g 6 rooms = 12 people,
7 rooms = 14 people.

If the parents have the room (and there appears to be a bedroom available), there would appear to be no overcrowding issues, however, from an immigration point of view (entering the country to live together as man an wife) I doubt it would NOT fly.

The husband should rent somewhere for both himself and his wife.....

Re: Living apart, spouse visa?
 

So he rents somewhere for you both to fulfill the accommodation aspect of immigration requirements.

Re: Living apart, spouse visa?
 

Yes well he is renting a shared room at the moment, he says he doesn't think is fair that he pays for a deposit and month rent of place for ourselves and that's why he suggested me renting a hostel for some time but it's very expensive for me I was there last September and paid 500 pounds for 1 month in a hostel, the wages in my country are quite low like 400 per month so its quite difficult for me to save all that the 1.500 for the visa, the plane ticket and plus that I have to go twice to my neighbour country to make the English test and apply. And well he said he would not move with me to his parents house. So I would have to pay for that

Re: Living apart, spouse visa?
 

Yes well he is renting a shared room at the moment, he says he doesn't think is fair that he pays for a deposit and month rent of place for ourselves and that's why he suggested me renting a hostel for some time but it's very expensive for me I was there last September and paid 500 pounds for 1 month in a hostel, the wages in my country are quite low like 400 per month so its quite difficult for me to save all that the 1.500 for the visa, the plane ticket and plus that I have to go twice to my neighbour country to make the English test and apply. And well he said he would not move with me to his parents house. So I would have to pay for that