[FLRmConfused]

Hello everyone,

Looking to apply for a spouse visa later on this year.

My partner recently moved back into a council flat with his parents. He lives with his mum and her boyfriend. He will be getting his name put on the tenancy. There are 2 bedrooms, 1 living room, and a kitchen and bathroom (but I know those are excluded from the overcrowding consideration). Based on this info, 5 people should be allowed to live there. Him and I will be sharing one room, and his mum and her bf the other.

Can someone please provide the specific documentation we will need for the accommodation section to be successful? The UK website isn't very clear in my opinion. He is applying as self employed so we are already swamped with documentation to prove, and I want to make sure this is one less thing to worry about and as he is coming to Canada for a visit, I would like to have all documentation be originals for when he comes.

Edit: Also, does he need to fill out a Sponsorship Undertaking form?

Thank you!

 

[skyf]

If 5 people are to occupy a 2bd Flat it is doubtful this will get the blessing of the Local Authority as depending on the gender and age of the 5th person an overcrowding situation could be on the cards. Suggest the Council are given the full proposals and asked to confirm, in writing, acceptance of the intended occupation.

Also, unless there are circumstances not stated, it is rare given the situation stated, for a Council to Create a joint Tenancy between Parent and Child especially when the Tenant has a resident partner.

You need to get the full facts as something does not seem right.

 

[FLRmConfused]

It will be my partner, his mum, his mums bf and I in a two bed flat. As far as I know, with a 3 room housing situation up to 5 people can reside without it being considered overcrowded. We will be four.

I do not know a lot about the situation as of yet or how Englands housing rules work, but if he can't get his name on the tenancy do you know what documents we would require?

 

[skyf]

It will be my partner, his mum, his mums bf and I in a two bed flat. As far as I know, with a 3 room housing situation up to 5 people can reside without it being considered overcrowded. We will be four.

I do not know a lot about the situation as of yet or how Englands housing rules work, but if he can't get his name on the tenancy do you know what documents we would require?

OK that is clearer and 4 will be allowed to occupy a 2bd flat.

As stated it is not usual to create a Joint Tenancy between Parent and Child unless there are exceptional circumstances. That said and if as stated a Joint Tenancy is to be created, make sure the documentation clearly states who is permitted to occupy i.e, Tenants and their Partners only. The Agreement should give full names of your Fiancee and his Mum and within the body of the agreement reference will be made of your Occupation and his mum's Partner, names are not necessary.
The Agreement, in original format, is what you need to demonstrate suitable and adequate accommodation necessary for the Visa Application. Even though the Agreement gives tacit confirmation of your entitlement to live at the address it is wise to obtain a letter from the Council confirming such and identifying you by name.
This is a belt and braces approach but will save any unforeseen problems with the accommodation requirement.

If your Fiancee is unable to get his name on to the Tenancy then a Letter is required from the Landlord( Council) agreeing to you both living at the address and also a letter from the Tenant (Mum) also confirming her agreement to you both living at the address.

 

[nyclon]

In addition to the tenancy agreement, you will need a letter of permission from the council giving you permission to live there. You'll also need a council tax or other utility bill in the name of one of tge tenants on tge agreement.

 

[FLRmConfused]

Thank you both for your responses, much appreciated!

One last question - Is the overcrowding survey not needed seeing as though it's a council flat?

 

[nyclon]

Thank you both for your responses, much appreciated!

One last question - Is the overcrowding survey not needed seeing as though it's a council flat?

Oh, right! Good catch! (It's late and I'm tired. )

Yes, it's strongly recommended that you have a property inspection when sharing accommodation.

 

[skyf]

Thank you both for your responses, much appreciated!

One last question - Is the overcrowding survey not needed seeing as though it's a council flat?

Given the information stated, the Council, who have statutory powers in respect of overcrowding, will not issue a Letter of agreement should overcrowding be created.

Therefore a Property Survey is not necessary.