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UK_Lawyer
UK_Lawyer, Solicitor
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Experience:  I am a qualified solicitor and an expert in UK law.
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Im British and my Chinese wife is on a Spouse visa (14/05/12

Resolved Question:

I'm British and my Chinese wife is on a Spouse visa (14/05/12 to 14/08/14). We are buying a house and the lender will only base the mortgage on my salary, so my wife won't be on the mortgage or the deeds. We were told to create a deed of trust so that she has some rights to the property. Will having or not having a deed of trust affect her application for permanent settlement? If we have a deed of trust can we alter it later so that the house and mortgage are in equal joint names?
Submitted: 12 months ago.
Category: UK Law
Expert:  UK_Lawyer replied 12 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

In respect of whether your wife not being on the mortgage deeds affect her application for indefinite leave to remain, then no it would not. The property can be in your sole name and the home office would not have any issues with this. What the home office would like would be a letter or a declaration from you confirming that you are happy to accommodate your wife in the UK for as long as she desires and you are more than will to provide her accommodation.

Provided there is some evidence that you are willing to accommodate her, whether in the form of a letter or a declaration, it should not affect her application.

In respect of amending a deed trust you would firstly need to check the terms of the trust deed. Are you the person who has the power to amend under the deed? If so, you could exercise your power to amend as long as you do so in accordance with the terms of the trust deed.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 12 months ago.

I understand that her being or not being on the mortgage and house deeds will not affect her application. But as far as indefinite leave to remain is concerned, will having a deed of trust then make any difference positively or negatively to the application?

Customer: replied 12 months ago.
Relist: Incomplete answer.
The question 'as far as indefinite leave to remain is concerned, will having a deed of trust then make any difference positively or negatively to the application?' has not been answered.
Expert:  UK_Lawyer replied 12 months ago.
Thank you for your reply.

In respect of a trust deed it would not make much difference either way. If she was on the trust deeds then you can submit this as evidence of her rights to the property evidence that you are in a subsisting relationship with your partner and if she is not then as stated above you would need to provide a letter regarding accommodation. The letter of accommodation would need to be provided regardless as you would need to provide accommodation for her.

The home offices decision would not rest on the fact that a trust deed is drafted or not.

I hope this clarifies the matter. If you have any further questions please feel free to ask.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2042
Experience: I am a qualified solicitor and an expert in UK law.
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