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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, I am in the process of applying for settlement visa

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Hi,

I am in the process of applying for settlement visa end of this month for my wife and two children (both 2yrs - twins) to join me. At present they live in India.

I have read through the "Guidance for the Applicants" in UKBA website but am not sure if you could kindly clarify one piece of information.

Is a Property Inspection Report (of the place where we intend to live) a MUST for this type of application ?

Please allow me to briefly describe my situation. The reason why I am having my doubts is because I currently live my friends in a shared 3 bedroom house. Once my family joins me in the UK we intend to live in a rented 2 bedroom property so we can have our own space. Therefore I have found such a property which will be ready for occupancy end of August. I have also signed the tenancy agreement and this document is available to submit with the our application for the family visa.

Since we have not yet occupied this property, and since the contract doesn't start till end of August, we are unable to provide COUNCIL TAX LETTERS or PROPERTY INSPECTION REPORT. This is also because the property at present is occupied by some others and will only be available for us end of August, which restricts us from obtaining the above two documents.

Also by referring to the guidance notes as published on Home Office website, this is what it says;

"You may wish to submit any of the following documents to provide us with evidence of your accommodation. We advise that you do not make any payments for accommodation, travel and so on until you have received your visa.
Details of the accommodation that you and your sponsor intend to live in and permission for you to stay there along with evidence of any other occupants
This could include:
 Land Registry documents
 mortgage statements
 rent book or tenancy agreement
 council tax statements
 property inspection report
 utilities bills
 accommodation details with a supporting letter from the occupant/landlord confirming that you are able to stay there. "

Therefore, the only piece of evidence we can provide in our situation is the TENANCY AGREEMENT. Would this be sufficient ?
Also to my understanding, as stated above "ANY of the following documents", means any from the above list even if it is only one.

Please could you kindly clarify my doubts. How would someone who is not yet occupied into a "would be" property submit the relevant evidence to satisfy the caseworker? I am not able to find answers anywhere for this. I have even consulted a few solicitors and they all give varied answers.

Please kindly assist me soon as I am really running short of time.
If you have a tenancy agreement that is signed and clearly states the start date then this should be ok IF the visa is not requested to start before the start date of the tenancy agreement. The safer option to avoid confusion would be to wait until you are in the property, inform your bank of your change of address, get a new statement to evidence this and then submit an application.

A property inspection report should be provided if you are sharing a house. If you are the sole occupant and there is something from the agents or in the agreement that confirms the number of bedrooms then the report is not really necessary.

Does this answer your questions?
Customer: replied 4 years ago.

Thanks for your reply....


 


The tenancy agreement I have states the starting date of the contract and I have mentioned the intended date of travel on the application as the same day as the tenancy start date.


 


Also the GUIDANCE is pretty confusing. It states "We advise that you do not make any payments for accommodation, travel and so on until you have received your visa". So for someone like me (who is planning to to move to a new property when the family arrives), it is not advisable to pay a deposit (according to their words above) for a property to rent and thereby it is not possible to produce a tenancy agreement, council tax bill, property inspection report etc.


 


I find it very misleading. Hope you can help me on this pls.

Much guidance that they issue is confusing (and sometimes contradictory or even incorrect). Clearly you need to have somewhere to live and so you must have accommodation. I would suggest that their advice is not to make additional payments for flights, hotels, etc - it is general advice for those seeking a visa.

Applying in the way you have stated should be sufficient, although it would be a good idea to provide something confirming the number of bedrooms as it is not just you and your wife that will be living there. A letter from the agents confirming the number of bedrooms should be sufficient.

Let me know if this has answered your question.
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