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Adequate Accommodation

Discussion in 'UK Visa and Immigration Help' started by Ray, Aug 25, 2011.

  1. Ray
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    Ray New Member

    My wife and I are hoping someone can give us some advice about my rented one bedroom home, and if it would be adequate to have my wife's daughter who is the Philippines to come and live with us?

    My wife's daughter is 8yrs old and my wife has the sole custody for her daughter. I lived in the Philippines with
    my wife and her daughter for about two years, and married my wife in September 2010 in the Philippines. My
    wife has been living in my home since February of this year and her "settlement visa" is valid until 2013. We rent a one bedroom home from our local "housing trust" and in my tenancy agreement it states that my home is for
    up to three adults to live in. I have spoken with the housing trust and they say that they would not object to
    my wife's daughter staying with me and my wife, but also state that our home then would be overcrowded!! I understand because of the size of our rooms, and that 3 adults can live here, that it would not be
    overcrowded. I have discussed this with the Housing Trust and asked if they could provide us with a letter
    supporting my wife's childs visa application without the comment of overcrowding, as I think that an Entry
    Clearance Officer may not find this acceptable, even it is only temporary and until we found alternative private
    rented accommodation later. They insist that the letter would have to have the phrase "overcrowded" in it.

    My wife is wanting to collect her daughter and bring her back here to join us as soon as the visa application has been approved. Our concern is, does anyone know if my accommodation is OK when applying for our daughter's "child settlement visa" and that it would NOT jeopardise the outcome of her application?? My wife knows she or
    our home cannot have "recourse to public funds", and we would only remain here in my home until we found
    something more suitable in private accommodation. We think it makes sense to wait until my wife's daughter has been granted her visa and has arrived here with us before we start to look for alternative housing. So can anyone tell us, is it best to wait till she is here and then look for a 2 bedroomed home, or do we need to look right now for a 2 bedroomed home? We really don't want to delay my wife's daughter coming here and prefer to look later on and without rushing for a 2 bedroom home!​
    Thanks for any help, Ray
  2. Kuya
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    Kuya The Geeky One Staff Member

    Welcome to the forum Ray.

    The official line on overcrowded housing can be found from this link:like:

    though the bad news for you is that there needs to be 2 bedrooms for 3 people living in a property who are over the age of 10. So, that gives you a two year window before you must have a 2 bedrom house or flat.

    I can see how you might be tempted to wait until your wife has gotten her ILR, but that could also cause a strain on your relationship. I would suggest, if possible to try and get a two bedroom flat. I know it is easier said than done, especially if your wife is not yet working. But if she managed to get a part time job then this could be a realistic prospect.
  3. Micawber
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    Micawber Renowned Lifetime Member

    Hello Ray, welcome to the forum.

    I can easily understand your situation and frustration.
    Kuya has given you the UKBA requirements, and unfortunately there is no way round that.

    Is it possible you have any family that could help with acceptable accomodation?
    UKBA will accept co-sponsorship on that without many problems.

    Regarding the settlement of your wife's daughter, there are some important issues you may need to review.
    The most important being "Sole Responsibility".

    To meet the sole responsibility requirement, it is necessary to satisfy the Home Office that the sponsoring parent has, usually for a substantial period of time, been the chief person exercising parental responsibility for the child. This means that the sponsoring parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires. The sponsoring parent must show that he or she has had, and continues to have, care and control of the child.

    I'm afraid I have quite a lot of reading for you so that you can better understand what needs to be done.

    Please look here:-
    Especially SET7.8 "What is sole responsibility"
    http://www.ukvisas.gov.uk/en/ecg/settlement/children

    Also look here:-
    Annex M - Children - Guidance - General
    http://www.ukba.homeoffice.gov.uk/s...icyandlaw/IDIs/idischapter8/section5a/annex-m

    And here:-
    Immigration Rules - Children
    http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children

    Plenty of people have done it, but you must be careful to provide supporting evidence of sole responsibility.

    Sorry for off-topic post but just wanted to be sure you were aware of all the issues in your decision making.

    Take care Ray
    Last edited: Aug 26, 2011

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