Student dep visa got rejected frm PAK. Need advice. plz help

[irisace]

Hi

I am a student (under the non points based system) in the UK and recently applied for my wife's visa which got rejected because of 3 reasons given by ECO. I need help with this reason first...

1.The clause in the tenancy agreement shows that your sponsor (me) is not allowed to sublet or part with possession of the whole or any part of the premises. No satisfactory evidence to show that there are sufficient rooms in the property as required under the UK Housing Legislation and you have not provided satifactory evidence that the rental commitments are being met.
Documents submitted were: Tenancy agreement with 3 names on it, Letter from the estate agency stating availability of sufficient space and rental reciepts.

My question is why would i sublet to my wife for her to enable to stay with me. She is a part of me and would use the same room as I am using and the letter from the agency says that we have 3 double bed rooms and it will be sufficient enough. I dont understand this. What did i do wrong here. Please help!.

[zkashan]

your agent cannot tell if there is enough space or not. Generally one person per room unless they are a couple is the requirement to prevent crowding. however two couple in two bedroom is also crowded which is not allowed

so

1 couple + 1 indivudla = 2 rooms
1 couple + 2 individual = 3 rooms

- look up crowding i don't remember where i've read it.

[vinny]

Get a letter from your landlord. It should include permission for your wife to stay with you and confirm that the accommodation is not overcrowded, etc.

[irisace]

Thank u zkashan and Vinny for the contribution. But i did have a look at maintenance and overcrowding guidelines before applying and 5 ppl in 3 bedrooms i.e. one couple and 2 ppl in 3 double bedrooms was supposed to be alright, wasnt it?

Vinny I have now arranged a letter from a Chartered surveyor for the inspection of the house or do i still need a letter from the landlord?

The other reason that the visa got rejected was regarding the additional sponsor that i showed for my wife, her maternal uncle. I showed an affidavit from him, a good balance in his bank statements and a letter supporting me to have funds available for her. I also showed direct transfer from his account to mine. and my consistent balance over the 3 months was around about £3500. In his affidavit he said that he has no other liabilities than his 3 children and can adequately finance (my wife's) non-recurrent expenses.

ECO gave the following reason: You have not provided satisfactory evidence of your sponsor's personal or financial commitments, to show that they are able to support you (my wife) without adversely affecting their own family and economic circumstances.

I think they also didnt understand that he was supposed to co-sponsor with me and was not the main sponsor for my wife

[irisace]

Plus i also forgot to ask what should i do with that clause in the tenancy agreement of subletting. It is really unclear as to why i would need to sublet it to my wife/partner as she would be using the same room and thus wont make any difference to the rent i am paying for my half.

Should her name be on the tenancy agreement as well. But if she is not already in the UK, how can it be possible. You need to be here to sign the agreement, isnt it?. What should i do?

[vinny]

The ECO's judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he/she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

Uncle's sponsorship for your wife may be a problem:

The maintenance requirements of para 76 of the Immigration Rules are not met by the provision of maintenance by a third party.