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  1. #1
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    Default Spouse Visa Accommodation Requirements

    I am asking for a friend as I am as confused as he is.

    He has been with his wife for about 6 years, they have 2 children together (both British citizens) and currently his wife and children live in Thailand while he is working and living in the UK.

    He ticks every box for the requirements for the spouse visa, however, he is currently renting a 1 bedroom flat. He only needs to apply for a visa for his wife and therefore a 1 bedroom flat would normally meet the accommodation requirements, however, would it be a problem that it is quite obvious the 2 children will also be travelling here too and therefore he would be expected to have a larger house already acquired, even though they are British citizens and not restricted by any visa requirements?

    He has savings for a deposit for a 2/3 bedroom flat once the spouse visa has been successful so it will be sorted before they all arrive.

    My advice to him so far is to mention in the covering letter that he intends to rent a larger flat once the visa has been granted and show the funds in the bank account as evidence that he can do this.

    Any further advice would be much appreciated or even tell me that I am wrong and the best way to go.

    Thanks,

    Steve

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  3. #3
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    I would suggest that if it is going to be obvious that the children will be coming with the mother then the accommodation will need to be sorted before the application is put in.

    All children information has to be included on the application so, and I may be wrong (someone clarify), but it would probably be rejected on the grounds of insufficient accommodation for the family.
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    Thanks for your responses. That was my worry you are correct that the children's information has to be included in the application and they would also be flying back with their mum if the application was successful. Looks like he might have to bite the bullet and rent a bigger place in the hope that the visa is granted.

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    I could be wrong but if the flat has 2 rooms i.e. living room and bedroom meeting the required room size then I think it would be not be overcrowded.
    I am going to guess that the kids are under 10 as well.
    This is my interpretation of that but as I said I may not be correct.

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    Quote Originally Posted by Dsw727 View Post
    I could be wrong but if the flat has 2 rooms i.e. living room and bedroom meeting the required room size then I think it would be not be overcrowded.
    I am going to guess that the kids are under 10 as well.
    This is my interpretation of that but as I said I may not be correct.
    I agree, however the link Vinny provided was plubished in 2013 which states a room is only taken into account if the floor area is over (50sq ft). I am sure there is New Legislation coming or in force regarding the minimum floor area of a room has to be no less than (70sq ft) for mulitple occupation.

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    PART X OVERCROWDING

    Appendix FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes

    8.3. Accommodation
    This section applies to entry clearance and leave to remain applications.
    To qualify for entry clearance or leave to remain as a partner on the 5-year route to settlement the applicant must meet the accommodation requirement in Appendix FM - Family Life as a Partner.
    ...
    For further guidance on the accommodation requirement, see Family members - Maintenance & Accommodation
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