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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6315
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello! I am applying for a settlement visa for my wife in

Resolved Question:

Hello!

I am applying for a settlement visa for my wife in pakistan to come and live with me in the UK. I was born in the UK and I am a British Citizen. I am a healthcare professional and I have a stable job with a good income of >£2000 per month after all deductions. I am currently living with my uncle (free of rent) and I have been living here for the last two years (because work is closer). I am not obliged to pay or contribute anything towards the cost of running the house. All my letters come to this address. Four other adults and one child live at this address (Grandparents, uncle and his wife and their 10 yr old daughter. It is a five bedroom house and I have my own room. My uncle says he has got no problem if my wife comes and lives with us also. I have got savings of aprox. £3500. My uncle says he will write a letter to say that me and my wife are welcome to live in his house for however long we need to. Most likely we will move once I have enough for a deposit to buy a house. All I need to know whether or not this would suffice for adequate accomodation? ...or do I have to get a house on rent?

Thanks,

Usman I
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Would your uncle be willing to formalise your living arrangements by granting you a tenancy on the room which you occupy? You can set the terms as you please (eg. rent, term etc).

 

Kind regards,

 


Tom

Customer: replied 3 years ago.
Hi tom!
I should think so. What paper work would I need to produce? Would they not accept a letter from my uncle to say that we are welcome to stay in his house?
Expert:  Thomas replied 3 years ago.

Hi Usman,

 

In reality a statutory declaration made by your uncle stating they specific circumstances of your accommodation and his consent to your wife staying for as long as you desire will probably be sufficient for the UKBA.

 

If you wish to be absolutely certain then you could ask your uncle to execute with you/your wife either a 12 month assured shorthold tenancy agreement or licence to occupy in respect of the room. This could be on whatever terms you choose but it should grant you a right occupy for at least 12 months and should avoid break clauses permitting your uncle to terminate the agreement. This could be accompanied by statutory declarations by your uncle stating that he is willing to renew the terms of the tenancy/licence to occupy upon the expiry of the term.

 

You could then prepare a statutory declaration confirming that you are intending on buying a property of your own once you have the deposit in hand. This will be sufficient for the UKBA

If your uncle has a mortgage on the property then he should check with his lender to check they consent to the executing of a tenancy/licence. They may restrict it to certain terms only and will also require you and your wife to sign a deed of postponement stating that you will vacate if the initiate possession proceeds and acknowledge the primacy of their charge.

 

It would be preferable for a solicitor to prepare the agreement for you but you can download ASTs or simple licence to occupy from most of online document providers if you wish to save money. You have to be careful and not execute it with first understanding all the terms.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

 

Tom

Customer: replied 3 years ago.
Hi tom!

Last question, can this be a tenancy where I don't pay rent or would I have to pay rent?

Thanks

Usman
Expert:  Thomas replied 3 years ago.

Good Evening Usman,

 

You can specify a nominal rent in the tenancy, something very small a month. This (copy sent to UKBA with application), together with your respective statements and a stat dec from your uncle confirming his anticipation and willingness that the accomodation arrangements shall continue following expiry of the term of the tenancy should suffice as proof of your abiliy to house yourselves without the need to access public funds.

 

Hope this clarifies, if so please click accept.


Kind regards,

 

 

Tom



Edited by Thomas on 8/31/2010 at 8:22 PM EST
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6315
Experience: BA (Hons), PgDip, Practising Solicitor
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