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Discussion Starter · #1 ·
Hey All,
This is going to be my first question on this forum. I hope others will benefit from this.

Basically, I got all my stuff ready to submit my wifes visa application for settlement. I live in a council flat(bedsit) no bedrooms, living room or dining room just a big room with a double bed, separate kitchen and bathroom. I pay all the rent and council tax myself. No one else lives with me.

I asked the council to provide me with a letter so I can submit with the application so that there is no objection from council if she comes and stays with me.

The council wrote back a very vague letter, stating in particular the following:
"... I confirm that the above property is suitable for occupation by 1 bedspace"

It does not state that the applicant ie my wife is allowed to stay at this property without any objections nor does it explicitly deny her.

I am working on two options:
- Continue to fight with council to give me a letter with no objection for my wife to stay at this property with me.
- I am pondering if I should formally inspect my flat by a third party agency and submit that report with this letter?

Any help will be appreciated..
 

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Discussion Starter · #3 ·
Thanks for confirming that, I am working on getting this letter updated properly. my landlord is local council. I am just wondering why they are reluctant to provide this information... something is there that I do not understand....
I checked my property against the housing act 1985, it does not contravene the act whatsever. Something else is there which I do not understand...
 

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Discussion Starter · #4 ·
Hey all, do you think if I get an independent housing inspection report and attach that to this letter would that suffice? even though council is not stating objections or no objections in the letter itself?

thanks
 

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Inspection only looks at overcrowding and other habitability issue, not if you have permission to live there.
 

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Discussion Starter · #6 ·
Inspection only looks at overcrowding and other habitability issue, not if you have permission to live there.
Hey Joppa,
my council seems to be resisting to give me a letter stating clearly no objection for my wife to stay with me if and when she joins me in the UK.

I am almost at point to give up. but alternatives I have no clue what to do. I got no relative with enough space to accommodate us. If I move to another property(which I can afford by the way)..how do I do that?

all my letters, bank statements are in my current address where the council is refusing to provide correct letter for.

I am thinking to sign an agreement in the future when I get my wife to come, meanwhile to live where I am etc. What would be the correct thing to do in this case?

Many thanks in advance
 

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Your Landlord ( Council) must have a register which designates the permitted number of occupants in any property it manages. Ask to see or get a copy of the register. It is quite possible because you occupy a bedsit, the Council considers it only suitable for 1 person but the Housing Officer is reluctant to tell you.
Have you examined your original Tenancy Agreement, it is possible this contains some mention the permitted Occupants.
 

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Discussion Starter · #8 ·
Your Landlord ( Council) must have a register which designates the permitted number of occupants in any property it manages. Ask to see or get a copy of the register. It is quite possible because you occupy a bedsit, the Council considers it only suitable for 1 person but the Housing Officer is reluctant to tell you.
Have you examined your original Tenancy Agreement, it is possible this contains some mention the permitted Occupants.
actually thats what the system says. the housing officer went a step to help by saying suitable for 1 bedspace instead of 1 person. but the fact that they do not state no objection, this worries me and I need clarity in this regards even though the HO admits the fact that some councils may refuse to provide permission at this:

The ECO should be aware that some local authorities have objected to providing information on housing standards in immigration applications.

source: https://www.gov.uk/government/publi...#maa8-assessing-adequate-means-of-maintenance

so not sure based on this fact if I should just do a housing inspection attached that to this letter they have provided and perhaps that satisfies the ECO
 

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It is unlikely an independent inspection would go against the Council's Legal obligation. Should a property become overcrowded the Council will have an obligation to solve. It is catch22 .

Have you spoken directly to the HO (face to face) explaining you and youre wife are apart and require suitable housing? A 1 bed flat would be suitable whereas a bedsit is extremely limited.
If a polite request fails to get the right answer, you may need to persist ( in a nice way) showing the HO you are not going away.

Not getting a letter of Objection is not quite the same as a letter of Approval,. You do need a letter from your Landlord otherwise not sure an ECO would Approve. Maybe a MOD has an opinion?
 

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Discussion Starter · #10 ·
mod is very clear i need no objection letter. My problem is if i opt out to move out of this flat say for my wife how would i do that given all docs use current addresss and when do i move now or when she comes
 

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Ask the HO, again, for the NO Objection letter, if they continue with the 1 bedspace line just persist until they do.
Have you completed a transfer application? Most Councils have a Points system and partners being apart does tend to enhance points. Does your Council have a Mutual Exchange policy? If so it is always possible someone may wish to downsize and that could be set up inadvance of your wife arriving and the Council could then write a letter to confirm.
 

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Not sure if I can help but be very careful about changing your address on the application at this late date. It may delay things, I am betting the issue is that only one person can live in a bedsit.
I used to live in one many years ago and southwark council specifically said it is for only one person. I have 2 family members that are housing officers in Lambeth, I will ask them and get back to this thread with a reply.
 

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As a Housing Manager of 25 years I can confirm bedsits are enherently for 1 person. However as advised the HO needs to be kept fully informed of the issue here, i.e Husband and Wife are apart and suffering hardship because the Council will not commit to allowing a 2nd person to live at the address. The option to find alternative housing to fit the needs must be progressed, either by virtue of a transfer or Mutual exchange. This will only happen if the case is kept in the HO's 'in box'.

Yes,to change address at this point of the application is not to be advised, however if either of the above is achieved, but not activated, and the Council write a letter confirming suitable housing is being made available for a couple,that must help.
 

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I texted my relative who is a HO in Lambeth, she says the issue is overcrowding which the council is liable for if they allow more than one person to live in a bedsit.
I don't know what your timeframe is but the mutual exchange someone advised is a viable one but how long that takes is another issue. Obviously privately getting a place big enough for 2 is probably the fastest but may delay the application.
You could always go the private route and risk the application delay instead of an outright denial because they think your wife does not have a place to live.
Having said that it's a shame to lose a perfectly good council flat, they are so hard to get. Good luck.
 

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Discussion Starter · #17 ·
I texted my relative who is a HO in Lambeth, she says the issue is overcrowding which the council is liable for if they allow more than one person to live in a bedsit.
I don't know what your timeframe is but the mutual exchange someone advised is a viable one but how long that takes is another issue. Obviously privately getting a place big enough for 2 is probably the fastest but may delay the application.
You could always go the private route and risk the application delay instead of an outright denial because they think your wife does not have a place to live.
Having said that it's a shame to lose a perfectly good council flat, they are so hard to get. Good luck.
That does worry me but council is not outright refusing, nor denying my wife to stay with me and I checked housing act as well, she is permitted to live with. again soo confusing!

Thanks for that feedback :)
 

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Discussion Starter · #18 ·
As a Housing Manager of 25 years I can confirm bedsits are enherently for 1 person. However as advised the HO needs to be kept fully informed of the issue here, i.e Husband and Wife are apart and suffering hardship because the Council will not commit to allowing a 2nd person to live at the address. The option to find alternative housing to fit the needs must be progressed, either by virtue of a transfer or Mutual exchange. This will only happen if the case is kept in the HO's 'in box'.

Yes,to change address at this point of the application is not to be advised, however if either of the above is achieved, but not activated, and the Council write a letter confirming suitable housing is being made available for a couple,that must help.
I need to ponder about what you said and this is so useful! and thanks for your input. it means alot!! :)
 

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Discussion Starter · #19 ·
Hey thanks both for your insight that really helped. :)

Today I had some good news from council. after much emailing and calling, they amended the letter to say the following: "...our records indicate that 1 adult and no children were occupying the bedsit property."

and stating crowding and space for the bases, another statement:
"relating to crowding and space standards, I confirm that the above property is suitable for occupation by one person but the space is large enough for a double bed within the property."

and then state my tenancy etc secure from such date etc..

Having shown this to a solicitor, they said it would work. and I think even it does not explicitly state a no objection, I think it does implicitly give permission.

So I think with this letter I am safe.

what are your thoughts?
 

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The letter you quote seems to indicate that although you could fit a double bed in there, it's accommodation for one person.
 
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