Applying for a UK Spouse Visa can be a complex and daunting process, with numerous requirements to meet. One key aspect that applicants often overlook is the accommodation requirement. Ensuring that you have suitable and adequate accommodation is crucial for the success of your visa application. In this post, we will delve into the specifics of the accommodation requirement for a UK Spouse Visa in 2024.
What is the UK Spouse Visa Accommodation Requirement?
When applying for a UK Spouse Visa (including a fiancé, civil partner or unmarried partner visa), applicants must demonstrate that they have “adequate accommodation” for themselves, their partner, and any dependents. This requirement is detailed in Appendix FM of the Immigration Rules and is designed to ensure that the applicant and their family will live in suitable living conditions without relying on public funds.
The accommodation must:
- Be owned or legally occupied by the family for their exclusive use.
- Not be provided at cost to the British public (i.e., it must not involve public funds).
- Not be overcrowded according to UK regulations.
- Comply with public health regulations and be deemed fit for human habitation.
Exclusive Occupation and Ownership
The concept of exclusive occupation means that the accommodation must have at least part of the property designated for the exclusive use of the applicant and their family. This does not necessarily mean that the entire property must be privately occupied by the family unit; sharing a property with others is permissible as long as there are designated areas (such as a bedroom) for the exclusive use of the applicant’s family.
Evidence of Ownership or Exclusive Occupation:
- Owned Property: Provide office copy entries from the Land Registry and, if relevant, a letter from the mortgage company.
- Rented Property: A tenancy agreement in the name of the visa applicant or sponsoring partner, along with a letter from the landlord or letting agent confirming that the rent is up-to-date.
- Shared or Family-Owned Property: A letter from the property owner confirming that the applicant and their family have accommodation that meets the exclusive occupation test, and that the owner either owns or legally rents the property.
Overcrowding Regulations
To meet the accommodation requirement, the property must not be overcrowded. To assess whether an accommodation is overcrowded, the total number of people who would be occupying the house must be counted, including those who are not part of the application, for example, parents. Overcrowding is assessed based on the Housing Act 1985, which defines the room and space standards:
Room Standard:
- Children under one year are not counted, children aged between one and 10 are counted as half. A dwelling is overcrowded if two persons of the opposite sex over the age of 10, who are not living together as a couple, must sleep in the same room.
Space Standard:
- The number of people allowed in a property depends on the number and size of the rooms available for sleeping, these may include living rooms which could be used as a bedroom. Rooms less than 50 square feet are not counted as sleeping accommodation. Bathrooms and kitchens are not counted as sleeping accommodation.
The following table represents the permissible number of occupants based on the number of rooms available for sleeping in the accommodation:
| Number of Rooms | Maximum Number of People |
| 1 | 2 |
| 2 | 3 |
| 3 | 5 |
| 4 | 7.5 |
| 5 | 10 |
| 6 | 12 |
| 7 | 14 |
To determine if a property is overcrowded, you need to:
- Count the number of people who will be living in the accommodation, including anyone not included in the visa application.
- Count the number of rooms available for sleeping.
- Compare the number of occupants with the number of rooms to ensure it does not exceed the limits set by the table above.
For example, a couple intends to reside in a one-bedroom apartment with their two children, aged 3 and 7. Each child above 1 year counts as half a person for accommodation purposes. The housing is overcrowded and therefore does not provide adequate accommodation under the Immigration Rules because only 2 people are permitted to sleep in the property without it being overcrowded whereas 3 people wish to sleep there.
Public Health Regulations
The property must comply with public health regulations and be fit for human habitation. Issues such as mold, low energy efficiency, or lack of a gas safety certificate can render a property unsuitable. Evidence such as a housing report or a letter from the local authority can be used to demonstrate compliance with these regulations.
Temporary and Prospective Accommodation
For couples who are not yet married or in a civil partnership but plan to marry or enter into a civil partnership shortly, it is permissible to provide evidence of prospective accommodation. This means that you can show that adequate permanent accommodation will be available after the marriage or civil partnership takes place. In the interim, you must demonstrate that there is adequate temporary accommodation, such as living with family or friends.
Exemptions and Human Rights Considerations
In some cases, applicants may not be able to meet all the accommodation requirements. Under Article 8 of the European Convention on Human Rights, you may still be eligible for a visa if you can prove that there are “insurmountable obstacles” to family life outside the UK. This typically involves demonstrating that living in the applicant’s home country is not feasible due to factors such as political instability or severe economic hardship.
Evidence Required to Meet Accommodation Requirements
As part of your Spouse Visa application, you will need to provide a range of documents to prove that you meet the accommodation requirements. The documents required will depend on the applicant’s circumstances and may include:
Proof of Ownership or Rental:
- Property deeds or lease agreement.
- A letter from a mortgage provider or landlord.
Proof of Exclusive Occupation:
- A detailed letter from a family member or friend providing accommodation.
- Confirmation of arrangements from a landlord or housing association.
Evidence of Housing Standards:
- A description of the property from a housing authority or bank.
- Reports from Chartered Surveyors or local authorities.
Evidence of Sufficient Living Space:
- Details of the number of rooms available for sleeping.
- Information on the number and ages of people living in the property.
Meeting the accommodation requirement for a UK Spouse Visa in 2024 is a critical part of the application process and constitutes one aspect of the requirements. It involves ensuring that the applicant and their family have a safe, suitable, and adequately sized place to live, without reliance on public funds.
By providing the necessary evidence and understanding the regulations surrounding overcrowding and public health, applicants can significantly increase their chances of a successful visa application.
How we can help
Navigating the intricacies of the UK Spouse Visa process in 2024 can be challenging, along with demonstrating adequate accommodation, applicants must be able to demonstrate that they satisfy other requirements such as the genuine relationship and the minimum income requirements.
Contact our experienced immigration team for advice and support with your UK Spouse Visa application, call us on +44 208 757 5751 or use our contact form.
Frequently asked questions
Adequate accommodation means the place you live must be safe, meet housing standards, have enough space, and not rely on public funds. It should be owned or rented exclusively by you and your partner and must not be overcrowded as per the Housing Act 1985.
Yes, you can live with family or friends if you can prove exclusive use of part of the property, like a bedroom. Ensure the accommodation is not overcrowded and meets public health regulations.
If your accommodation is deemed overcrowded, your visa application could be refused. To avoid this, ensure the property meets the space and occupancy standards defined by the Housing Act 1985. Each room used for sleeping must be of adequate size, and you must count all occupants, including children, to ensure compliance.
