Accommodation in a shared flat

[mmrs151]

Hi,

I am very stressed right now.

The FLR(M) guidance (https://www.gov.uk/government/uploads/s ... _11-14.pdf) states that:
"The property must be occupied only by you, your partner and dependents."
You will find it at the end of 21 D in above document.

Now, I live in a very large flat which has 3 king size bed rooms with a massive sitting area.
The flat is occupied by me, my wife and my 15 months old boy, my cousin and two other friends.

So in total 6 people in it, (7 with my child).

Will my application be refused for that?

Thanks very much for looking.

[AcrossBorders]

That's interesting I've never seen that paragraph before, unless its part of the "new" rules? hope someone can clarify that for both of us.

Did you include a housing survey or a cover letter with your application? and what did you say on it.

My understanding was as long as the house isn't considered as "Overcrowded" defined by the Housing Act 1985. then it should be fine.

Individuals sometimes can share rooms or might require individual rooms depending on the relationship, age and gender of the occupants. It sounds like you need about 4-5 rooms in the house for 6 adults and a child over 1.

You can turn living room and dinning rooms into bedrooms and count them also (not incl k!tchen and toilets)

p.s

you, wife, kid, cousin and two friends = 6

[AcrossBorders]

I completed the FLR(M) in October 2014 that was dated version from July. The new one has been released this month Nov 2014.

When did you submit your application?

I'm wondering if this is new and what else they might have changed in the app. Will do a comparison later.

[vinny]

I believe that the accommodation requirements remain the same.

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if-
(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.

8.3. Accommodation

This section applies to entry clearance and leave to remain applications.

To qualify for entry clearance or leave to remain as a partner on the 5-year route to settlement the applicant must meet the accommodation requirement in Appendix FM - Family Life as a Partner. The relevant paragraphs are:

Entry clearance: E-ECP.3.4.
Leave to remain and indefinite leave to remain: E-LTRP.3.4.

The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family (including other family members who are not included in the application but who live in the same household), which the family own or occupy exclusively.

Accommodation will not be regarded as adequate if:

(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.

For further guidance on the accommodation requirement, see Family members - Maintenance & Accommodation

6. Accommodation

Accommodation for the couple will often be prospective rather than available on arrival. The test should be based on the fact that there is a reasonable prospect that adequate accommodation will be available after the marriage or the civil partnership has taken place. This requirement will, of course, have to be satisfied on application for leave to remain on the basis of the marriage or civil partnership. In the period before the marriage or the civil partnership takes place temporary accommodation provided by relatives or friends will be acceptable.

The word "exclusively" was added to HC 395 in reference to the accommodation requirement in order to make the Rules consistent with Tribunal determinations. Accommodation can be shared with other members of a family provided that at least part of the accommodation is for the exclusive use of the sponsor and his dependants. The unit of accommodation may be as small as a separate bedroom but:
- must be owned or legally occupied by the sponsor;
- its occupation must not contravene public health regulations; and
- its occupation must not cause overcrowding as defined in the Housing Act, 1985.

6.1. Ownership

The couple should provide evidence that the property is either owned or rented by themselves. This may be in the form of a letter from the building society, a copy of the property deeds and, in the case of rented accommodation, a rent book and lease agreement. Where the accommodation is rented from a local authority or housing association, correspondence from the landlord can normally be regarded as genuine and sufficient. Greater care needs to be taken where there is purportedly private tenancy. If there are any aspects of the case which raise substantial doubts, corroborative evidence of residence should be sought. If the accommodation is not "owned" (in the sense that the sponsor is not the head of the household but is, for instance, a son or daughter of the family) the Rules require there to be adequate accommodation, which the couple and their dependants occupy for their exclusive use. This need not be a separate house or self-contained flat but, where it is as little as one bedroom of their own, enquiries should be made about the number of rooms, the number of occupants in the house and whether this is only intended to be a short term arrangement

[mmrs151]

I haven't submitted my wife's application, but I will need to soon.

I am going to talk to our agent to change the name to mine. If they do that then it should all be fine I guess.

My initial description was wrong, its actually my family(3) + my friends(2) = 5 people living in this 3 king size bedroom flat.

I spoke to some solicitor, they also said as you guys, as long as the flat is not overcrowded, it should be fine, even though a very funny condition given in the guidance notes.

[medge89]

This got me worried. Im going back to the philippines to apply for entry clearance spouse visa. We have a property inspection report from a chartered surveyor that our accomodation is not overcrowded. However my partner and I share the 3 bed room house with his 2 friends. So we dont have the whole place to ourselves. Is this a problem?

[Obie]

I haven't submitted my wife's application, but I will need to soon.

I am going to talk to our agent to change the name to mine. If they do that then it should all be fine I guess.

My initial description was wrong, its actually my family(3) + my friends(2) = 5 people living in this 3 king size bedroom flat.

I spoke to some solicitor, they also said as you guys, as long as the flat is not overcrowded, it should be fine, even though a very funny condition given in the guidance notes.

How many adult and child are in your family of 3?

[AcrossBorders]

This got me worried. Im going back to the philippines to apply for entry clearance spouse visa. We have a property inspection report from a chartered surveyor that our accomodation is not overcrowded. However my partner and I share the 3 bed room house with his 2 friends. So we dont have the whole place to ourselves. Is this a problem?

You should be fine, Vinny has confirmed that line is in contradiction to their other statements. They are just throwing a spanner in the works unnecessarily!

[Rayking]

I used a shared flat for a recent application and was fine. Your landlord needs to write a letter that your partner is allowed to stay in the house though and your rental agreement as well.
Then the inspection report from the council that the place won't be overcrowded.