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Ihs refund

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shohjura
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Re: Ihs refund

Post by shohjura » Thu Dec 22, 2022 10:27 pm

on the accommodation bit, I am planning to rent 1 more room on top of the one I have been occupying since April 2022 for extra security to not raise questions on the adequacy of the accommodation and I am providing the following as evidence:
-house ownership doc/s from landlord
-tenancy agreement (current room running from April 2022 until Dec 2023 and extra bedroom from Jan 2023 till Dec 2023)
-letter from landlord to say I occupy those rooms for my and my wife's exclusive use legally and my wife is welcome to stay here when she gets her visa, stating the number of rooms (3 bedrooms and 1 living room plus Spam and bathroom), 1 more tenant lives in this apartment with me at the moment and my rent payments are up to date, dated and signed
-floor plan (each room is bigger than 110 sq ft)

Would this be sufficient? Thanks

AmazonianX
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Re: Ihs refund

Post by AmazonianX » Thu Dec 22, 2022 10:58 pm

shohjura wrote:
Thu Dec 22, 2022 10:27 pm
on the accommodation bit, I am planning to rent 1 more room on top of the one I have been occupying since April 2022 for extra security to not raise questions on the adequacy of the accommodation and I am providing the following as evidence:
-house ownership doc/s from landlord
-tenancy agreement (current room running from April 2022 until Dec 2023 and extra bedroom from Jan 2023 till Dec 2023)
-letter from landlord to say I occupy those rooms for my and my wife's exclusive use legally and my wife is welcome to stay here when she gets her visa, stating the number of rooms (3 bedrooms and 1 living room plus Spam and bathroom), 1 more tenant lives in this apartment with me at the moment and my rent payments are up to date, dated and signed
-floor plan (each room is bigger than 110 sq ft)
Get a housing survey done and upload the report
Would this be sufficient? Thanks

shohjura
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United Kingdom

Re: Ihs refund

Post by shohjura » Thu Dec 22, 2022 11:08 pm

I read housing report is rarely submitted (https://www.migrate.org.uk/housing-repo ... on-report/) and there is only 2 (myself and another tenant) people in 4 double bedroom house atm, 2 of which belong to us exclusively, do you think the report is still needed?

shohjura
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Re: Ihs refund

Post by shohjura » Tue Dec 27, 2022 9:13 pm

hey guys,
for the subsisting relationship bit, I am attaching 2 docs-1 pdf and 1 txt file containing all our WhatsApp chats since we first met.
Pdf doc contains:
-how we met for first time around a year ago
-explanation for why we lived separately until our wedding in summer (job and traditional reasons)
-engagement ceremony photos in Jan (that takes place without bride or groom present by tradition), attended by 200 people
-few wedding ceremony photos in summer attended by 350 ppl
-our photos together from when we first met, during wedding month and from holiday month in November (with location indicated from idiot-phone photos)
-also flight back tickets to my home country (1 year ago, for wedding and for holiday recently)
-online screenshot photo of us together from every month when we lived separately from every month

Are these sufficient? Thanks

AmazonianX
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Re: Ihs refund

Post by AmazonianX » Tue Dec 27, 2022 11:16 pm

The full texts of messages will be a lot. Take screenshots to show representative sampling of your communication to depict ongoing communications. It can be 5-10 shot a month.
Dumping full texts will be an overkill

shohjura
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Re: Ihs refund

Post by shohjura » Tue Dec 27, 2022 11:24 pm

hey,
I am attaching separate exported txt (text) file from WhatsApp that you can download from the app which shows all chat history from the time we first met until now and not including this in separate pdf that contains photos, tickets etc

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CR001
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Re: Ihs refund

Post by CR001 » Wed Dec 28, 2022 8:18 am

shohjura wrote:
Tue Dec 27, 2022 11:24 pm
hey,
I am attaching separate exported txt (text) file from WhatsApp that you can download from the app which shows all chat history from the time we first met until now and not including this in separate pdf that contains photos, tickets etc
You should do screenshot. A txt file can be edited.
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shohjura
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Re: Ihs refund

Post by shohjura » Wed Dec 28, 2022 8:34 am

Good point, thanks
I attached like one screenshot from every month since last September until now, should i include bit more?

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Re: Ihs refund

Post by CR001 » Wed Dec 28, 2022 8:36 am

AmazonianX wrote:
Tue Dec 27, 2022 11:16 pm
The full texts of messages will be a lot. Take screenshots to show representative sampling of your communication to depict ongoing communications. It can be 5-10 shot a month.
Dumping full texts will be an overkill
Already answered!!!
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

shohjura
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Re: Ihs refund

Post by shohjura » Mon Jan 02, 2023 11:35 am

Happy new year everyone.
For bank statements, my last salary payment was on 23 Dec and the bank statement I will get to cover that payment is on 22 Jan, we will reapply after the bank statement is issued (between 22-25 Jan), are we not going to fall foul of 28 day rule since the last payslip will be more than 28 days old at the date of application or does it just apply to bank statement date?

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Re: Ihs refund

Post by CR001 » Mon Jan 02, 2023 11:39 am

both your most recent payslips and bank statement must not be older than 28 days.

Why can you not go into the bank and get a statement or print an online statement??
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shohjura
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Re: Ihs refund

Post by shohjura » Mon Jan 02, 2023 8:56 pm

thanks for the above!
I received the agreement to rent 2 double bedrooms and it is lodger agreement, not tenancy agreement as I was expecting would lodger agreement be an issue? Agreement states I rent 2 rooms for Jan 23-Dec 23, my wife is free to stay with me when she gets her visa. I will also get a letter from householder to state she can join me, rent payments up to date etc

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Re: Ihs refund

Post by AmazonianX » Mon Jan 02, 2023 9:57 pm

shohjura wrote:
Mon Jan 02, 2023 8:56 pm
thanks for the above!
I received the agreement to rent 2 double bedrooms and it is lodger agreement, not tenancy agreement as I was expecting would lodger agreement be an issue? Agreement states I rent 2 rooms for Jan 23-Dec 23, my wife is free to stay with me when she gets her visa. I will also get a letter from householder to state she can join me, rent payments up to date etc
Lodger Agreement won't be an issue.

shohjura
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Re: Ihs refund

Post by shohjura » Mon Jan 02, 2023 10:03 pm

one of the Terms of lodger agreement states 'the lodger shall not have exclusive possession of the room and the identity of any other occupiers of the property shall be in absolute discretion of the householder'-would this be an issue as the rules state I must have exclusive use of the rooms, whereas search on the web says difference between lodger and tenant is householder can access the room any time.

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Re: Ihs refund

Post by AmazonianX » Tue Jan 03, 2023 3:45 am

shohjura wrote:
Mon Jan 02, 2023 10:03 pm
one of the Terms of lodger agreement states 'the lodger shall not have exclusive possession of the room and the identity of any other occupiers of the property shall be in absolute discretion of the householder'-would this be an issue as the rules state I must have exclusive use of the rooms, whereas search on the web says difference between lodger and tenant is householder can access the room any time.
See if you can get it changed as not making sense. On the one hand stated no objection to your wife's stay when she gets her visa and in next breathe no exclusive use of the room.

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Re: Ihs refund

Post by CR001 » Tue Jan 03, 2023 6:36 am

AmazonianX wrote:
Tue Jan 03, 2023 3:45 am
shohjura wrote:
Mon Jan 02, 2023 10:03 pm
one of the Terms of lodger agreement states 'the lodger shall not have exclusive possession of the room and the identity of any other occupiers of the property shall be in absolute discretion of the householder'-would this be an issue as the rules state I must have exclusive use of the rooms, whereas search on the web says difference between lodger and tenant is householder can access the room any time.
See if you can get it changed as not making sense. On the one hand stated no objection to your wife's stay when she gets her visa and in next breathe no exclusive use of the room.
This is normal for a lodger agreement, nothing needs to be changed. A lodger has almost no rights under the housing act and the householder can enter the rooms at any time without permission.
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Re: Ihs refund

Post by AmazonianX » Tue Jan 03, 2023 7:32 am

CR001 wrote:
Tue Jan 03, 2023 6:36 am
AmazonianX wrote:
Tue Jan 03, 2023 3:45 am
shohjura wrote:
Mon Jan 02, 2023 10:03 pm
one of the Terms of lodger agreement states 'the lodger shall not have exclusive possession of the room and the identity of any other occupiers of the property shall be in absolute discretion of the householder'-would this be an issue as the rules state I must have exclusive use of the rooms, whereas search on the web says difference between lodger and tenant is householder can access the room any time.
See if you can get it changed as not making sense. On the one hand stated no objection to your wife's stay when she gets her visa and in next breathe no exclusive use of the room.
This is normal for a lodger agreement, nothing needs to be changed. A lodger has almost no rights under the housing act and the householder can enter the rooms at any time without permission.
Thank you on the insight provided.

OP, proceed.

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Re: Ihs refund

Post by JB007 » Tue Jan 03, 2023 2:43 pm

shohjura wrote:
Mon Jan 02, 2023 8:56 pm
thanks for the above!
I received the agreement to rent 2 double bedrooms and it is lodger agreement, not tenancy agreement as I was expecting would lodger agreement be an issue?
A lodger agreement is when the lanldord lives in the property and lets a room.

It would be a big mistake for these to give a tenancy agreement because a lodger agreement gives few rights to the lodger and they can be evicted without a court order.

With a tenancy agreement, only the court can tell them to leave.

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Re: Ihs refund

Post by JB007 » Tue Jan 03, 2023 2:49 pm

Eviction of lodgers

You can be evicted more easily than most tenants if you live with your landlord.

...
When lodgers can be evicted

Your landlord can peaceably evict you:

after giving you notice if you have a rolling agreement

without notice if you’re at the end of a fixed term agreement

If you’re still in a fixed term agreement then your landlord can only give you notice to leave if the contract says they can.
...
How your landlord can evict you 

If you don’t move out at the end of the notice or agreement, your landlord can evict you peaceably.

For example, they could change the locks while you’re out.
https://england.shelter.org.uk/housing_ ... _occupiers

shohjura
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Re: Ihs refund

Post by shohjura » Wed Jan 04, 2023 9:39 pm

hey guys,
so my current doc list is looking like this, please shout out if I am missing anything:

-Tuberculosis test results
-IELTS
-my ILR visa
-my passport
-her passport

-letter from employer
-7 payslips
-corresponding bank statements

-lodger agreement for 2 rooms
-no objection letter from landlord
+potentially house ownership doc

-marriage cert with translation
-pdf doc with photos etc
-whatsapp text log

thanks

AmazonianX
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Re: Ihs refund

Post by AmazonianX » Fri Jan 06, 2023 1:13 pm

shohjura wrote:
Wed Jan 04, 2023 9:39 pm
hey guys,
so my current doc list is looking like this, please shout out if I am missing anything:

-Tuberculosis test results
-IELTS
-my ILR visa
-my passport
-her passport

-letter from employer
-7 payslips
-corresponding bank statements

-lodger agreement for 2 rooms
-no objection letter from landlord
+potentially house ownership doc not required

-marriage cert with translation
-pdf doc with photos etc
-whatsapp text log
use screenshots instead of text log
thanks

shohjura
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Posts: 118
Joined: Thu Mar 26, 2020 9:23 pm
United Kingdom

Re: Ihs refund

Post by shohjura » Fri Jan 06, 2023 6:45 pm

so I got house ownership doc and floor plan-do you think these 2 are not needed? (managed to get tenancy agreement plus no objection letter). As the floor plan doesn't show exactly the size of rooms, but letter states rooms are double bedrooms and each is bigger than 110 sq ft.
Also, both text log plus 4-5 screenshot of WhatsApp text messages included, thanks

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CR001
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Re: Ihs refund

Post by CR001 » Fri Jan 06, 2023 6:54 pm

shohjura wrote:
Fri Jan 06, 2023 6:45 pm
(managed to get tenancy agreement plus no objection letter). As the floor plan doesn't show exactly the size of rooms, but letter states rooms are double bedrooms and each is bigger than 110 sq ft.
You should not have a tenancy agreement under the housing act if you are a lodger and the landlord lives in the property. You need the lodger agreement.
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shohjura
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Re: Ihs refund

Post by shohjura » Fri Jan 06, 2023 7:10 pm

so basically lodger agreement was given by landlord's son who lives in the house once/twice a month and house belongs to his dad, so I argued to get a tenancy agreement from his dad in case home office asks for house ownership docs which his son can't provide but his dad can. Basically his son is also a tenant in the house

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CR001
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Re: Ihs refund

Post by CR001 » Fri Jan 06, 2023 8:23 pm

If you live in the same house as the landlord, you do not have exclusive use of the property and are a lodger. A tenancy agreement is for when you have exclusive use of the WHOLE property and are it sharing space with others.

Proof of property ownership won't be asked for anyway.
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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