Essential guide to spouse visa accommodation requirements in the UK

A successful application for permission to enter or remain in the UK as the spouse or partner of a person who is British, settled, who holds protection status or stay under the EU Settlement Scheme, must satisfy a number of different requirements. These are contained in Appendix FM to the Immigration Rules, and one of these relates to the proposed accommodation for the couple and any dependants.

It should first be noted that the requirements discussed must only be satisfied in an application on the 5-year route to settlement. Where an application is made on the 10-year route, it is not necessary to meet this requirement, but applicants might still choose to provide evidence on this point to strengthen an application.

Under Appendix FM, an application for leave to remain as a partner is subject to the following requirement regarding accommodation.

E-LTRP.3.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively, unless paragraph EX.1. applies: accommodation will not be regarded as adequate if-

(a) it is, or will be, overcrowded; or

(b) it contravenes public health regulations

Application for entry clearance is subject to an almost identical requirement.

To summarise, accommodation must be:

•  Adequate
•  Available to the whole family (not only those applying but anyone who forms part of the sponsor’s household)
• Exclusively owned or occupied by the family

Adequate accommodation

As the rule quoted above states, to be considered ‘adequate’, accommodation must be both large enough to house all the proposed occupants without being classed as overcrowded, and also be of a suitable standard so that public health regulations are complied with.

To assess whether accommodation will be overcrowded, the Home Office uses a generally accepted definition, which consists of a space standard and a room standard.

• Room Standard – the room standard is breached if 2 people aged 10 or over of the opposite sex who are not a couple have to share a room.
• Space Standard – this breached if the total number of people in the accommodation is more than the maximum permitted given the number rooms in the property.

Not all rooms can be counted as sleeping rooms – bathrooms, kitchens, and rooms of less than 50 square feet won’t be included.

The Home Office will count the number of occupants, then consider the number of available sleeping rooms, and lastly compare these to assess whether the accommodation will be overcrowded. The Home Office’s published Guidance provides a table listing the number of occupants permitted to sleep in accommodation before it would be considered overcrowded.

To demonstrate this requirement is satisfied, it is advisable to provide evidence of the size of the accommodation, such as a property listing with a floor plan, or perhaps photos of the interior of the house which clearly show each available room. Property inspection reports are not generally necessary: we only recommend them where they are doubts over compliance with overcrowding rules.

Similar evidence can be relied upon to show that the accommodation is also of a suitable standard – in this case, photos of the accommodation are definitely advisable to show the condition of the property, as well as its size.

Available for the family

An applicant must also demonstrate that they, and any other occupants, have permission to stay in the proposed accommodation. Where the accommodation is owned by the Sponsor (resident partner) or Applicant, this can be satisfied by providing a copy of the Land Registry title register, and the latest annual mortgage statement, if applicable. If the accommodation is rented and any individuals are not named on the tenancy agreement then a letter from the landlord will be needed giving their permission for the relevant individuals to stay in the accommodation.

If the partner and sponsor intend to live with family members (such as the sponsor’s parents) in accommodation those family members own, a letter from the property owner granting permission for the couple to stay there will be needed, as well as proof of the family member’s ownership such as a Land Registry entry.

Exclusively owned or occupied

An applicant also needs to demonstrate that the proposed accommodation will be occupied exclusively by the couple and any dependents. This does not necessarily require that no other people can live in the accommodation, but rather that the family members will have exclusive use of the number of sleeping rooms required to prevent overcrowding. This may be the case when sharing with parents, for example; again, a letter from the property owner would be advised to confirm this arrangement.

Where an applicant is unable to demonstrate the accommodation requirement is satisfied they risk refusal. Where the existence of exceptional circumstances are demonstrated, an in-country applicant might instead be granted on the 10-year route to settlement. 

For assistance with UK spouse visa applications, please reach out to our team at Latitude Law. Call us today on 0300 131 6767, or use our online enquiry form to request a call back.