By Nicki Behnamfar –
Authorized Affiliate
1. Overview of the UK Household Visa Lodging Requirement
When making use of for entry clearance, depart to stay or settlement beneath Appendix FM of the Immigration Guidelines to hitch a companion, father or mother, dependant baby, or as an grownup dependant relative within the UK, candidates should fulfill an lodging requirement. On this put up we offer a brief information to the UK visa lodging requirement, taking a look at what precisely is supposed by the requirement to have satisfactory lodging for the aim of a family-based UK visa or immigration software.
2. Definition of Enough Lodging
Beneath the household immigration routes, candidates should present that their lodging is ‘satisfactory’. The requirement for ‘satisfactory lodging’ signifies that the household can be dwelling in lodging which:
- Is owned or occupied completely by the applicant and their household;
- Will likely be obtained with out recourse to public funds;
- Shouldn’t be, or is not going to, be overcrowded; and
- Doesn’t breach public well being laws.
3. Unique Occupation and Authorized Proper to Reside
Paragraph 8 of the Immigration Guidelines states that a part of the lodging have to be for the unique use of the household, akin to a bed room. This doesn’t prohibit sharing different areas of the lodging, for instance a kitchen or rest room.
Proof ought to exhibit how the applicant can legally occupy the lodging. This could possibly be by way of a duplicate of the property deeds, mortgage paperwork, tenancy settlement and/or letter from the owner confirming that lease funds are updated and the applicant is allowed to occupy the property. If the lodging is owned or rented within the identify of one other member of the family or good friend, they need to signal a letter stating the idea on which they’re entitled to the property and giving consent for the applicant to dwell there.
Equally, the place lodging is rented from a neighborhood council, correspondence between the tenant and council confirming the idea on which the authorized occupier is residing on the property and that the applicant has permission to dwell there, might be relied upon. Candidates must also present proof of advantages obtained the place these go in direction of housing prices.
4. Recourse to Public Funds and Lodging
An applicant is not going to be thought-about as having recourse to public funds just because they are going to be relying partly or wholly on their sponsor’s receipt of public funds in an effort to fulfill the lodging requirement. Due to this fact, if the sponsor receives sure advantages which they use in direction of fee of the lodging, the requirement should be happy.
The place the sponsor can be entitled to further public funds as a result of applicant’s presence within the UK, this may usually be thought-about public funds, and subsequently forestall the requirement being met. Nonetheless, if the applicant is making use of from inside the UK and the applicant and sponsor can be collectively entitled to advantages specified beneath part 115 of the Immigration and Asylum Act 1999, this is not going to forestall the applicant assembly the requirement.
5. Overcrowding Guidelines and Room Requirements
The Housing Act 1985 gives necessities which, if breached, will make the lodging overcrowded. Different relations who can be dwelling within the property have to be taken under consideration for the calculation, even when they don’t seem to be making an software.
The variety of folks allowed to occupy a room is decided by the dimensions of the room and the occupants’ ages. Solely rooms of fifty sq. toes or extra are counted. That is any room that could possibly be used for sleeping and subsequently contains dwelling rooms however not a kitchen or rest room.
Any kids beneath 1 12 months previous aren’t counted. Kids between 1 and 10 years previous depend as a half. If there are 2 folks aged 10 or over of the other intercourse who aren’t a pair, they can not sleep in the identical room. The Applicant may present a ground plan to confirm the variety of obtainable rooms.
The Housing Act gives tables to assist calculate whether or not lodging can be overcrowded:
| Flooring space of room | Variety of individuals |
| 110 sq. ft. or extra | 2 |
| 90 sq. ft. or extra however lower than 110 sq.ft. | 1½ |
| 70 sq. ft. or extra however lower than 90 sq. ft. | 1 |
| 50 sq. ft. or extra however lower than 70 sq. ft. | ½ |
| Variety of rooms within the property | Variety of individuals |
| 1 | 2 |
| 2 | 3 |
| 3 | 5 |
| 4 | 7½ |
| 5 or extra | 2 for every room |
Due to this fact, dwelling in a studio flat is appropriate whether it is 110 sq. toes or extra, and occupied by a pair and their baby beneath the age of 1.
6. Lodging in Homes in A number of Occupation (HMO)
An HMO is “a home which is occupied by individuals who don’t kind a single family”, akin to a lodge or hostel. The definition extends to lodging lived in by 2 or extra household models, akin to a pair dwelling with one in every of their family members. The applicant should present that the a part of the property they occupy completely is satisfactory. The applicant ought to present written affirmation that they’re allowed to dwell there.
It must be famous that HMOs have separate overcrowding provisions and native authorities can serve overcrowding notices specifying the quantity of individuals allowed in a home.
7. Short-term Overcrowding Exceptions
Residence Workplace steering states that overcrowding can be allowed whether it is:
- On account of a new-born baby or a toddler who has simply turned 1 or 10 and different lodging preparations haven’t but been made.
- Short-term, for instance, if a member of the household involves dwell within the residence for a short while.
- Licensed overcrowding, the place the native authority has given permission.
8. Compliance with Public Well being Rules
Most properties is not going to contravene these laws. If the Residence Workplace is happy that there’s a breach, the lodging is not going to be classed as satisfactory. This might embody the place there may be mould, no legitimate gasoline security certificates or an power effectivity score is beneath band ‘E’. Compliance might be evidenced by a report from a Chartered Surveyor or the native authority, in addition to latest images to exhibit that the property is in state of restore.
9. Exemptions from the Lodging Requirement
The one exception from the lodging requirement is when making use of for depart to stay as a companion or father or mother and paragraph EX.1 applies. See our article What are ‘Insurmountable Obstacles’ to Household Life? for extra particulars.
For skilled recommendation and help in relation to a household visa preliminary entry, extension or settlement software, or a family-based immigration attraction, contact our immigration barristers and attorneys in London on 0203 617 9173 or full our enquiry kind beneath.
11. Steadily Requested Questions
What qualifies as satisfactory lodging for a UK household visa?
Lodging is satisfactory whether it is owned or occupied completely by the applicant and household, obtained with out recourse to public funds, not overcrowded, and complies with public well being laws.
How is unique occupation outlined beneath Appendix FM?
No less than a part of the lodging, akin to a bed room, have to be for the unique use of the household. Different areas like kitchens or bogs could also be shared. Authorized occupation must be supported with deeds, tenancy agreements, or letters of consent from landlords or property house owners.
How does recourse to public funds have an effect on the lodging requirement?
Counting on a sponsor’s public funds doesn’t routinely forestall assembly the requirement. Nonetheless, if the applicant’s presence triggers further public funds, the requirement is probably not happy. Joint entitlement to sure advantages beneath part 115 of the Immigration and Asylum Act 1999 doesn’t forestall compliance for functions made inside the UK.
When is lodging thought-about overcrowded?
Lodging is overcrowded if it breaches the Housing Act 1985. All occupants have to be counted, together with non-applicants. Room sizes should meet minimal requirements, and the variety of occupants per room is regulated by age and intercourse. Flooring plans or surveys may also help exhibit compliance.
Can a Home in A number of Occupation (HMO) meet the requirement?
Sure, offered the a part of the property completely occupied by the applicant and household is satisfactory. Written permission to reside there must be submitted, and HMOs are topic to separate overcrowding guidelines.
Are there exceptions for momentary overcrowding?
Short-term overcrowding is allowed in restricted circumstances, akin to when a toddler has simply turned 1 or 10 and different preparations are pending, when a member of the family is staying briefly, or the place the native authority permits licensed overcrowding.
What public well being requirements should lodging meet?
Lodging have to be free from critical points akin to mould, lack of gasoline security certification, or an power effectivity score beneath band E. Compliance might be evidenced by a Chartered Surveyor’s report, native authority affirmation, or images.
Are there any exemptions from the lodging requirement?
Sure, exemptions apply for candidates looking for depart to stay as a companion or father or mother beneath paragraph EX.1 of the Immigration Guidelines.
Please word that the data offered on this article is for common
steering solely and is
primarily based on
the immigration guidelines and insurance policies in drive on the date of publication. Immigration regulation and Residence
Workplace coverage can change continuously, and necessities might differ relying on particular person
circumstances. Authorized recommendation ought to all the time be sought in relation to your particular scenario.

