Author Topic: Additional person added to tenancy contract for UK Spouse Visa Application  (Read 4187 times)

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Offline ssetho

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My wife will be applying for her UK Spouse Visa next month in China and I have just signed a tenancy agreement (AST) with an estate agent for a studio flat. I have asked him, for immigration purposes, to provide me a letter stating that one additional person will be allow to stay at the flat (ie. my wife when she comes over) with me but he told me the correct way to do it is a letter stating that the property is suitable for a couple. He also said it's not possible to put her name in the tenancy contract because she is not in the country yet. Below is the exact letter given to me by the estate agent:

To Whom It May Concern

RE: LIVING CONDITIONS AT (FLAT ADDRESS)

This is to certify that the above property is suitable living quaters for a couple to reside in. We are the managing agents of the property and have had couples living at this address on numerous occasions. Mr (my name) was looking for an apartment that is suitable for a couple and this property fits the criteria.

If you have any further questions please do not hesitate to contact me on the details below. Thanks.

Regards,
(Agent signature)

Has anyone done this before? Any comments regarding whether the above letter is sufficient for UK Spouse Visa application purposes will be greatly appreciated. Somehow, it seems to me the letter is only stating the flat is suitable for a couple and not my wife is allowed to stay in it - maybe I have interpreted it wrongly. By the way, the estate agent also said if the Immigration Office communicates with them, they will charge £300 to reply to them because it costs them to register with the Immigration Services. I have never heard of this one before!!!

Offline UK Mark

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Hi
Im a Landlord so i hope i can help a little.

Your wife cant be on current AST because on a point of tenancy law she has to sign the AST to be bound by the agreement , so if she is in china of course she cannot do that .

from my reasearch of all things immigration linked i found that one of the most important factors in an application was the availability of a suitable home being owned or rented. I guess a studio flat is pretty much the minimum requirement

The letter from the estate agent will help , also do you have or can you get the estate agent property details , or maybe include in your application some photos of the property.

If i was in your situation i would include the letter and property brochure along with a copy of the AST .. it should be enough , the fact that your wife is not on the AST will not,  i am sure be a concern of immigration ..you have a suitable home , thats all what matters .  I am certain any landlord would be more than happy to give permission for your wife to live with you although you must get get permission , us landlords dont like surprises when it comes to people in the home !! .. of course you alone are liable for all due rent and damages , one additional piece of advice .. when it comes to renewal ... get your wife on the new AST , showing you both are on the agreement in the future can only help when you have the interview for residency in 2 years time.






quote='ssetho' pid='37835' dateline='1272578124']
My wife will be applying for her UK Spouse Visa next month in China and I have just signed a tenancy agreement (AST) with an estate agent for a studio flat. I have asked him, for immigration purposes, to provide me a letter stating that one additional person will be allow to stay at the flat (ie. my wife when she comes over) with me but he told me the correct way to do it is a letter stating that the property is suitable for a couple. He also said it's not possible to put her name in the tenancy contract because she is not in the country yet. Below is the exact letter given to me by the estate agent:

To Whom It May Concern

RE: LIVING CONDITIONS AT (FLAT ADDRESS)

This is to certify that the above property is suitable living quaters for a couple to reside in. We are the managing agents of the property and have had couples living at this address on numerous occasions. Mr (my name) was looking for an apartment that is suitable for a couple and this property fits the criteria.

If you have any further questions please do not hesitate to contact me on the details below. Thanks.

Regards,
(Agent signature)

Has anyone done this before? Any comments regarding whether the above letter is sufficient for UK Spouse Visa application purposes will be greatly appreciated. Somehow, it seems to me the letter is only stating the flat is suitable for a couple and not my wife is allowed to stay in it - maybe I have interpreted it wrongly. By the way, the estate agent also said if the Immigration Office communicates with them, they will charge £300 to reply to them because it costs them to register with the Immigration Services. I have never heard of this one before!!!
[/quote]
hmm just reading the post again

You have it seems, asked for permission for your wife to be allowed to live with you , the reply being 'the procedure is to get a letter stating the property is suitable for a couple'. So in effect you have not yet been given 'permission' the question has been sidetracked ,

this is a tenant/landlord issue not immigration ..  i wouldnt worry to much about it , no way a landlord will want to lose a good tenant especially if the apartment has been rented by couples before .. its clearly not a problem for him/her and of course theres no way you will be a bad tenant , not with a a pending immigration case !!

I really cant see the immigration people contacting the estate agent .. a current AST is fine , its proof .. thats all they need. As for the £300 :s never heard of that .. if immigration wrote to anyone to ask details why the need to register ??? for example if i was the landlord (not using a agent) would i have to pay anything to answer a phone call or a letter ??? no way
« Last Edit: April 30, 2010, 04:51:00 pm by UK Mark »
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Offline ssetho

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Quote from: 'UK Mark' pid='37887' dateline='1272659437'

Hi
Im a Landlord so i hope i can help a little.

Your wife cant be on current AST because on a point of tenancy law she has to sign the AST to be bound by the agreement , so if she is in china of course she cannot do that .

from my reasearch of all things immigration linked i found that one of the most important factors in an application was the availability of a suitable home being owned or rented. I guess a studio flat is pretty much the minimum requirement

The letter from the estate agent will help , also do you have or can you get the estate agent property details , or maybe include in your application some photos of the property.

If i was in your situation i would include the letter and property brochure along with a copy of the AST .. it should be enough , the fact that your wife is not on the AST will not,  i am sure be a concern of immigration ..you have a suitable home , thats all what matters .  I am certain any landlord would be more than happy to give permission for your wife to live with you although you must get get permission , us landlords dont like surprises when it comes to people in the home !! .. of course you alone are liable for all due rent and damages , one additional piece of advice .. when it comes to renewal ... get your wife on the new AST , showing you both are on the agreement in the future can only help when you have the interview for residency in 2 years time.






quote='ssetho' pid='37835' dateline='1272578124']
My wife will be applying for her UK Spouse Visa next month in China and I have just signed a tenancy agreement (AST) with an estate agent for a studio flat. I have asked him, for immigration purposes, to provide me a letter stating that one additional person will be allow to stay at the flat (ie. my wife when she comes over) with me but he told me the correct way to do it is a letter stating that the property is suitable for a couple. He also said it's not possible to put her name in the tenancy contract because she is not in the country yet. Below is the exact letter given to me by the estate agent:

To Whom It May Concern

RE: LIVING CONDITIONS AT (FLAT ADDRESS)

This is to certify that the above property is suitable living quaters for a couple to reside in. We are the managing agents of the property and have had couples living at this address on numerous occasions. Mr (my name) was looking for an apartment that is suitable for a couple and this property fits the criteria.

If you have any further questions please do not hesitate to contact me on the details below. Thanks.

Regards,
(Agent signature)

Has anyone done this before? Any comments regarding whether the above letter is sufficient for UK Spouse Visa application purposes will be greatly appreciated. Somehow, it seems to me the letter is only stating the flat is suitable for a couple and not my wife is allowed to stay in it - maybe I have interpreted it wrongly. By the way, the estate agent also said if the Immigration Office communicates with them, they will charge £300 to reply to them because it costs them to register with the Immigration Services. I have never heard of this one before!!!


hmm just reading the post again

You have it seems, asked for permission for your wife to be allowed to live with you , the reply being 'the procedure is to get a letter stating the property is suitable for a couple'. So in effect you have not yet been given 'permission' the question has been sidetracked ,

this is a tenant/landlord issue not immigration ..  i wouldnt worry to much about it , no way a landlord will want to lose a good tenant especially if the apartment has been rented by couples before .. its clearly not a problem for him/her and of course theres no way you will be a bad tenant , not with a a pending immigration case !!

I really cant see the immigration people contacting the estate agent .. a current AST is fine , its proof .. thats all they need. As for the £300 :s never heard of that .. if immigration wrote to anyone to ask details why the need to register ??? for example if i was the landlord (not using a agent) would i have to pay anything to answer a phone call or a letter ??? no way
[/quote]


Thank you very much for your advice Mark, really appreciated it. Yes you are right, I have read the letter many times and still come to the same conclusion, the agent has not given my wife permission to live in the property. He told me all he could do is to state that the property is suitable for a couple because my wife is not in the country yet. You are right again regarding the £300. Honestly, I think he purposely sidetracked the request hoping Immigration will contact him so that he could scam £300 from me.

By the way, I will be submitting a Property Inspection Report, cost £129 by Anderson Property Inspectors, they are in the web. Have approached the council but was told they don't have the authority to do it anymore.

Once again, thanks a lot for your advice.