Appeal and Accomodation

eutavene1 · Post by **eutavene1** » Sat Aug 02, 2008 5:21 pm

Hi everyone,

quick question I have an appeal coming up and i am trying to resolve an accomodation issuse on my husband spousal denial ,the eco stated that " whilst you have provided a tennacy agreement my husband name is not on it and that there is no evidence that your sponsor is up to date with the rent "
I contacted my local council who initially said no, but my housing officer wrote on a customer enquiry form that when my husband arrives in the uk they will consider his name on the agreement .

Tthey did however write me a letter on council letter head that i am up to date with my rent and that i am actually in credit .
My solicitor has told that this may get denied again because we cannot show accomodation will without a doubt be availible to my husband . He has asked me to go to real estate agents and get a letter typed up saying that they have such and such a property avail for x amount of Â£. This way we can show the judge that if the council refuses to put his name down on the agreement we can afford to rent based on our savings and my earnings .

However i have gone all over london and no agent will write such a letter they are saying that i can show the actual listing which describes the property and how much it will cost per month ....

Can anyone tell me if this will be enough or should i just submit the letter from the council stating that they will consider his name on the agreement. I am so confused and at my wits end appeal next week and i am starting to panick

Post by **batleykhan** » Sat Aug 02, 2008 6:45 pm

I think it is a bit unfair on the ECO to refuse you on the grounds, that your husbands name is not on the tennancy agreement that you have provided.

How can you hubbys name go on the agreement when he is not on this country. No council will put a persons name down on any agrrement if the person is not present and settled in the UK.

I think if you can prove you can accomdate him without recouse to public funds whether it is in a property you own or rent, this should be sufficient. It is insignificant whether the tennancy agrrement is in one or two persons name.

Have a read at this article. It tells you of the requirement you have to meet

http://www.ukvisas.gov.uk/en/ecg/chapter9/

eutavene1 · Post by **eutavene1** » Sat Aug 02, 2008 7:03 pm

thank you very much for your reply , and I completley agree there is no way the council will put my husband name on the tennacy agreement with out him being here ...
The eco on the denial also stated that he is not satisfeid that the property is secure and that there would be suitable accomadation for my husband . I sent pictures of a two bedroom property with my own kicthen and own bathroom also have a living room and I am the sole occupier with my two kids they are two boys age 16,7 not sure what else they want .
I think it is just a case of my solicitor argueing my case at court to the judge that the eco was wrong to deny us based on the docs i submitted ?????

tasha75 · Post by **tasha75** » Sat Aug 02, 2008 11:51 pm

batleykhan wrote: No council will put a persons name down on any agrrement if the person is not present and settled in the UK.

Agree. Otherwise people would just add their relatives to the tenancy and then ask to be rehoused as the property is overcrowded.
In my area the person has to live at the property for at least 12 months before he could be added to a tenancy.

Post by **batleykhan** » Sun Aug 03, 2008 11:01 am

I honestly believe the judge at your appeal will dismiss the ECO request as an unfair requirement being placed upon you.

I wouldnt loose any sleep over it. At the end of the day if you and your husband can accomadate yourself without recourse to public funds, you have nothing to worry about.

Good luck,please let the readers know how you get on,

tasha75 · Post by **tasha75** » Sun Aug 03, 2008 11:26 am

eutavene1,
have a look on your council website about joint tenancy. It should tell you if can add you husband. I still doubt they would do it, if the person is still abroad.

William Blake · Post by **William Blake** » Sun Aug 03, 2008 4:01 pm

I was reading the requirements on the link posted regards finance it says:

http://www.ukvisas.gov.uk/en/ecg/chapter9/

Evidence
The ECO should also ensure that when an applicant produces evidence of funds, that they are immediately available. A bank statement should show regular transactions A statement indicating merely a large deposit but no evidence of normal transactions should be treated with caution. Statements covering at least 3 months should give a satisfactory picture of a personâ€™s financial means

So what happens if it doesn't show regular transactions in the case where it is strictly a savings account?

eutavene1 · Post by **eutavene1** » Sun Aug 03, 2008 5:55 pm

Thanks batley khan ,tasha for your advice there is nothing in the uk visa link that batley khan gave me that states that a spouse has to be added on to a tennacy agreement ......

william blake not sure if you are referring to my post but we have sufficent funds my husband has Â£17,000.00 in savings account and has had the money in this account since 1999 so we will not need additional public funds. my solicitor has also adviced us that even though it is a savings account it will not make any difference we have acces to the funds 24 hrs via on-line banking and is easily transferable from one country to another. still not sure how this relates to my accomodation question !!!

William Blake · Post by **William Blake** » Sun Aug 03, 2008 6:03 pm

It doesn't relate to your accomodation question. I asked for my benefit.

sally12345 · Post by **sally12345** » Mon Aug 04, 2008 4:31 pm

tasha75 wrote:eutavene1,
have a look on your council website about joint tenancy. It should tell you if can add you husband. I still doubt they would do it, if the person is still abroad.

Hi All,

My partner is an overstayer and he lives with me here although he is on all the bills, council tax, and Electrol reg, etc he is not on my tenancy he is going back and I am worried that i may have the same problem as the topic starter!

I asked my housing officer to write me a letter regading this matter he told me that the person although living with me will need to have staus in teh Uk before he can be put on the tenancy.

can someone advise me here thanks????

jaywel · Post by **jaywel** » Mon Aug 04, 2008 10:55 pm

If he is on electoral register, council tax bill then surely he should be recognised as a tenant. I am only guessing.

tasha75 · Post by **tasha75** » Tue Aug 05, 2008 12:45 am

William Blake wrote: A statement indicating merely a large deposit but no evidence of normal transactions should be treated with caution ?

I think they mean the cases when the large amount of money was deposited just before the application. Sometimes people borrow money from family, friends, credit cards etc. then put them into the account to show that they have sufficient funds when in the reality they don't have any. But if the money has been sitting in the saving account for a while (months, years), then I wouldn't think it is a problem. At the end, who keeps "spare change" in a current account that earns no interest.
Well, that's what I think common sense is, which the Home Office&Co don't always have.

sally12345 · Post by **sally12345** » Tue Aug 05, 2008 8:33 am

jaywel wrote:If he is on electoral register, council tax bill then surely he should be recognised as a tenant. I am only guessing.

Hi Thanks Jaywel, thats what I thought but he is not he does not have the correct visa! I have asked over and over again and still the housing department tell me the same thing that he has to have a vaild visa.

I looked on the webseite and it also states this?? what I will do is print the copy and include in file also if my housing officer will write a letter detailing this that would help I guess?

any advise???

jaywel · Post by **jaywel** » Tue Aug 05, 2008 9:02 am

I think that if they write a letter stating he is on electoral roll and council tax surely that should count for something - at least it proves he was at that address.

Post by **batleykhan** » Tue Aug 05, 2008 9:09 am

Sally if you say your husband is an overstayer, then he is an illegal immigrant.There is no way that he will be added on the tennancy agreement.

I am somewhat confused by a few comments here. Why is it that they are asking their hubbys/partners be included on the tennancy agreement?. I cant see anything in the Immigration rules which demand that for someone who is not in the country.

I can understand if they people were applying for ILR, that both names be on the tennancy, but not for settlement visa like eutavene1 application.

sally12345 · Post by **sally12345** » Tue Aug 05, 2008 9:09 am

jaywel wrote:I think that if they write a letter stating he is on electoral roll and council tax surely that should count for something - at least it proves he was at that address.

Hi Jaywel,

You are right I agree but as Kingston is a tough nut to crack I really want to cover all grey areas on this one..

I have orginals of all my docs, so I will include this in my file. I will write to head of housing and see what can be done and if nothing then at least I have all the other bills to prove that we were living as a couple.

Thanks Again

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Appeal and Accomodation

Appeal and Accomodation