My American wife and I are in the middle of putting together everything to start applying for her spouse visa. However, we've just noticed some things on the accommodation requirement that could impact things.
For context, I currently rent in a house-share with my brother and a friend. We're all working professionals, and have lived here since October 2018. We are likely to be served article 21 soon (landlord wants to sell the property), meaning our last day in the property will be early April or early May. There is the chance that the landlord delays this further, but for simplicity's sake I'll assume I'll be moving out in the next few months.
The plan is that I will rent a one-bed flat for my wife and I to live in, and that the visa will be issued within a month or two of moving in and my wife will then join me. However, for the purposes of the application, we need to list where she will live and provide proof of address. I obviously will not have this for several months. Do we have any choice other than either delaying sending off the application until I have moved to my new place, and/or paying the additional £500 for the 2 week decision to expedite? We had been aiming/hoping that she would be able to move here in May/June.
In addition, would the fact that my proof of employment/income (payslips, bank statements etc) list two separate addresses over the preceding 6 months have any impact on the application?
Finally, if our current landlord decides to delay issuing article 21 until later this year (May/June issue for move out in July/August, for example), can we apply with my current HMO residence listed? Would this be the case even if we were going to move fairly soon after she arrived? And can we even list a HMO as the accommodation for a spouse visa? I should have greater clarity on my landlord's position in the next 2 weeks.
Apologies for so many questions; I only caught this requirement today and I'm suddenly very concerned that this may delay us by several months.
One of the pieces of documentation you need for the application is a letter from your landlord giving permission for your wife to live in the premises.
How likely is he to give this if he is intending to sell the property?
Personally I would be looking for a one bedroom flat now ........
If I do get a one-bedroom flat in April/May, can we both be listed as tenants, or would it have to be myself? If the latter, I take it we would still need written permission from the landlord? And based on this, am I right in thinking we now have to wait to submit the visa application? If so, I think we would need to pay more the priority service, though that raises issues as my wife doesn't live near any of those centres in the US.
Apologies for the lack of certain details; I should know by Feb 5th if we've been served.
Whether or not you can both be on the tenancy agreement will be up to the landlord/rental agent. I don't see why she could not be.
Yes, you would need the letter giving permission for her to live there.
As I previously said if you are going to submit soon, you could use the current address (if landlord gives the permission letter)
Thanks for the above. We were planning on submitting the application in the next week or so. If hypothetically my landlord agreed to provide a permission letter, would it matter that the address on the application may not be the one we actually live in when my wife first moves here? I could explain in my cover letter that we will likely be moving very soon after she hopefully arrives.
As the house is classed as a HMO, would we need anything further than the landlords letter of permission?
Property Inspection to show that the property would not be overcrowded.
As I understand it, somewhere in the application form, you are asked to supply information regarding the other people in the house share (others may be able to comment on this)
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