ILR - EWS1 B2 rating on our building

[Chamberpot92]

Hi all,

This is quite a specific and narrow subject and maybe not many people would know this answer, but I'll give this a go as someone may know the guidance better or whether or not this will impact her decision.

We both have a mortgage on a 1 bed flat, we bought it in 2018 and used it as evidence for my wife's accommodation for the FLR M extension last year. We have got the news last week that our building, like almost 4 million people around the country now are failing passing the new law on improper and dangerous flammable materials on tall historic buildings. Our building received a B2 rating and remedial work will need to be done, to fix the problem.

Would this likely pass when she provides evidence of accommodation in the UK, as I've read that it must pass Public health regulations, or am I getting confused with a house that has mould or poses the person to get ill due to bacteria for example. Do you think this passes or will it fail if they found out the building needs/is having remedial work?

Kind Regards,

James

[CULLINAN]

Public health regulations
It is likely to be rare that the property contravenes public health regulations. However, if the decision maker has satisfactory evidence that that is or will be the case, they may determine that the accommodation is not adequate.

https://assets.publishing.service.gov.u ... a-v6.0.pdf

A B2 finding means that there isn't an adequate standard of fire safety and remedial work/interim measures are required.

I think it may contravene the public health regulations and if the decision maker has satisfactory evidence it is the case, he/she may determine that the accommodation is not adequate.

I would suppose fire risk is bigger than mould risk etc.

PS: Obviously I do not have any first hand experience of it.

[Chamberpot92]

Public health regulations
It is likely to be rare that the property contravenes public health regulations. However, if the decision maker has satisfactory evidence that that is or will be the case, they may determine that the accommodation is not adequate.

https://assets.publishing.service.gov.u ... a-v6.0.pdf

A B2 finding means that there isn't an adequate standard of fire safety and remedial work/interim measures are required.

I think it may contravene the public health regulations and if the decision maker has satisfactory evidence it is the case, he/she may determine that the accommodation is not adequate.

I would suppose fire risk is bigger than mould risk etc.

PS: Obviously I do not have any first hand experience of it.

Hi,

Thanks for your reply.

One question, I wouldn't try to deceive a caseworker, but how would the caseworker know that our building received a EWS1 B2 rating, do they actively seek to find defects or issues with properties or does do they have records with issues like these on their system, just to make sure people don't hide anything from them.

We're currently waiting upon the freeholder of the building to prepare a start on remedial work. This can take months. The only option we have if thats the case, I think would be to rent somewhere for the time being, as my wife's ILR will be due around this time next year.

I'm probably going to seek some legal advice, to put my mind at ease. I've tried searching for anyone else online completing a spousal visa and having an issue with the EWS1, but I haven't found anyone else.

Thanks,

James

[oxana777]

I came across your post by accident. I already have become british last week so it doesn't affect me in the same way as u. But i also live in a B2 rating building. As you said, remediation work will not start for ages. However in our case the interim measure was waking watch (its like fire marshalls). So as per government guidance we are safe because we have waking watch. So maybe you have them too? Then you should be ok. Get some confirmation from your management company.
Or, if you dont have waking watch it means your alarm system is good enough and its not so dangerous really!
If your building was really that dangerous, they would have evicted everyone immediately, like they did with one building in Leeds i think just before xmas. If i was you i would have just asked a letter from management company to say that your building is habitable and u have an alarm or waking watch as an interim measure until remediation happens!

[Chamberpot92]

Hi Oxana777

Thanks for your reply. Great news on your personal circumstance.

Yes I have read about the walking watch and how costly it is for many buildings.
At the moment our freeholder is contesting the decision and getting another inspection. We don’t need a walking watch fortunately, our local fire brigade has stated that we are a low risk building so there’s no need for a walking watch. Yes there’s no need to evacuate as they do not deem it as a high fire risk, but we will need work carried out to the building to meet guidelines.

I’m going to ask for the freeholder to confirm that our apartment is fit for habit, but there is going to be work, to ensure that our building meets with fire safety standards.

I did ask on the phone to the UKVI number do they require any proof of this issue and they said it’s not required in the application. I’ll just include a copy stamped from the management company that we live here and the work will be sorted. We still have around a year to submit the ILR, so they could start work by then.

I actually looked for someone who had the same issue as my wife and you’re the first person. It’s reassured us. Thanks

Regards,
James