Accommodation not secure

[hur575]

Hi all,

I need your help on this, my friend British citizen sponsored her husband to come live with her in the UK. she has been working as nanny for a family for 20 years, and she lives with them.

In her sponsor letter, the family wrote that they are happy for her to bring her husband, and they live in 4 bedroom house, and the whole of basement floor which is a double room, Spam and bathroom is for her own use, and it is suitable for a couple. They also provided copy of passports, and their bank statements, and also wrote supporting letter to help her and her husband financially if they need it, as she has brought up their kids and she is considered as a family.

Now her husband got refusal, and they said ‘’ you state your sponsor lives with her employer. I am not satisfied that this accommodation is secure. Therefore on the balance of probability I am not satisfied that you will be adequately accommodated in the united kingdom without recourse to public funds. Paragraph 281 (iv) of HC395’’

Does she has any chance in the appeal?? The solicitor she used told her the accommodation is suitable. Any help is greatly appreciated.

[batleykhan]

I am of the opinion that the ECO is right( others may disagree) in refusing the application on the ground that the accommodation is not secure.

I have always argued that unless you are living with one 's parent,( not ones siblings/friends/employers etc) or have separate accommodation secured of your own on an Assured short hold tenancy agreement, anything else is not deemed secure.

In this case living with one employers can not be secured as the employment maybe terminated for some reason, and therefore the employer will have to leave the property.

The onus is now for the applicant to prove that secure accommodation will be available if and when they arrive in UK.The easiest way to do is this find a cheap bedsit/room/property to rent nearby your employers and provide evidence of this in time for the appeal process.

This is my opinion, but like I said others may disagree

[hur575]

Thank you for your reply. If she do the appeal she can add a new contract for a new flat? I always thought in appeal you can’t add new evidence, just highlight anything they over look.

The thing that the refusal also had other grounds including, not providing contacts, and wedding pictures. So I am not sure if a new application is better or an appeal?? How long an appeal can take ?? I tried to look it up but no luck. She was keeping in contact by phone cards but I know it is not acceptable but they have also been texting and if she can print those out will that be enough?

[batleykhan]

Thank you for your reply. If she do the appeal she can add a new contract for a new flat? I always thought in appeal you can’t add new evidence, just highlight anything they over look.

Yes she can on the presumption that the applicant/sponsor was of teh opinion that the accommodation she has with her employers is secure,but having been refused on this reason and accepts the view of teh ECO, the applicant/sponsor have now obtained secured accommodation by means of renting a property of their own. They will need to show teh tenancy agreement as proof of this

The thing that the refusal also had other grounds including, not providing contacts, and wedding pictures. So I am not sure if a new application is better or an appeal??

You didn't mention this in original post. If you can provide these items now and can afford to pay the fee again, then it may be wiser to reapply rather than appeal. On the other hand if you appeal, there is a possibility that the original decision may be overturned without the need to go to a full hearing and teh time and expense that may involve


How long an appeal can take ?? I tried to look it up but no luck. She was keeping in contact by phone cards but I know it is not acceptable but they have also been texting and if she can print those out will that be enough?

Phone calling cards are not good evidence of contact as you do not have proof that you used those cards to ring one loved ones. Tex-ting may be OK if they can be printed, but I think you may struggle on this.

It is wise to post teh exact reasons for refusal as that makes more sense and experienced Mods get a clear picture of teh applicants circumstances, rather than posting bits at a time and what the applicant may think they have been refused.

Appeal can take up to 6 months by teh way,if it goes all teh way to a hearing.