In family visa applications the UK immigration rules require evidence that there will be adequate accommodation for family members, without access to public funds. This will include other family members (or other persons) who are not included in the application but who live in the same household.
The applicant/s do not need to own or even necessarily have to rent the whole of the property or any part thereof but must show which part of the home they occupy exclusively and what arrangements have been made e.g., sharing with family members or friends.
The purpose of the applicable legislation is to ensure that the ‘family home’ isn’t overcrowded and that public health regulations aren’t contravened.
The Housing Act 1985 sets two tests referring to ‘the room standard’ and ‘the space standard’.
The ‘room standard’ will not be met if two people (who are not the Applicant and his/her partner) aged 10 or over of the opposite sex have to sleep in the same room. The accommodation will then be regarded as overcrowded.
The ‘space standard’ determines whether or not the number of people sleeping in the property exceeds that permitted by the Act. The Act provides a table which will not be discussed in detail in these notes.
A ‘room’ in the context of the Act means it is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room. It cannot be smaller than 50 square feet to be taken into account as a ‘room’.
For assistance and advice contact DEPNER IMMIGRATION CONSULTANTS info@depner-immigration.com