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Property rental query for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ryz777
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Property rental query for ILR

Post by ryz777 » Sun Nov 20, 2016 4:00 pm

Hi all hope you can help with this,

bought a property back in 2012 with intention of living in it however due to mrs having a complicated birth we had to stay with parents so that she has someone to care for her and baby at all times plus had to stay outside UK for 18months etc. So we rented out the property we bought through an agent, we moved into the property in Jan 2016 and are due to apply for ILR for mrs, I do not need any rental income to match the minimum salary allowance required for ILR. would we face any problems with the property being rented for four years whilst living with parents?

thanks guys

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Casa
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Re: Property rental query for ILR

Post by Casa » Sun Nov 20, 2016 4:09 pm

No problem with the property being rented out but:

1. Do you have 6 pieces of correspondence in joint names, spread as evenly as possible over the qualifying period from at least 3 different sources?

2. Has your wife completed the necessary time in the UK if she has been absent for 18 months?
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ryz777
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Re: Property rental query for ILR

Post by ryz777 » Sun Nov 20, 2016 5:01 pm

thanks for the reply Casa, yes we have all the cohabitation docs covering last two years, half of which is a parents address and other half at our property. she was granted FLR AFTER the 18 months she spent outside UK.

Is land registry title, Mortage letter and elecotral roll letter sufficient for Accommodation evidence?

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Casa
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Re: Property rental query for ILR

Post by Casa » Sun Nov 20, 2016 5:07 pm

ryz777 wrote:thanks for the reply Casa, yes we have all the cohabitation docs covering last two years, half of which is a parents address and other half at our property. she was granted FLR AFTER the 18 months she spent outside UK.

Is land registry title, Mortage letter and elecotral roll letter sufficient for Accommodation evidence? These will be fine.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: Property rental query for ILR

Post by CR001 » Sun Nov 20, 2016 9:53 pm

Did you declare your rental income and pay tax on it?
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ryz777
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Re: Property rental query for ILR

Post by ryz777 » Sun Nov 20, 2016 11:58 pm

CR001, no and no. As the rental was initially for short term I didn't bother declaring it to HMRC. but the property has not been rented out for the past year and only me, wife & our child live in it now. will we face any issues with this??

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Re: Property rental query for ILR

Post by CR001 » Mon Nov 21, 2016 11:53 am

How long was it rented out for?
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ryz777
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Re: Property rental query for ILR

Post by ryz777 » Mon Nov 21, 2016 5:53 pm

we were planning to rent it out for 6-8 months but due to unforeseen circumstances it ended being rented for 3 years. As I said we have been living there for a year now, would UKBA query why we weren't living there for 3 years?

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Re: Property rental query for ILR

Post by Wanderer » Mon Nov 21, 2016 6:18 pm

ryz777 wrote:we were planning to rent it out for 6-8 months but due to unforeseen circumstances it ended being rented for 3 years. As I said we have been living there for a year now, would UKBA query why we weren't living there for 3 years?
More likely UKBA will query HMRC as to whether they have seen any tax on the rental.
An chéad stad eile Stáisiún Uí Chonghaile....

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