Non-EEA nationals applying to enter or remain in the UK on the basis of their relationship with a British citizen family member, settled in the UK, must ensure they satisfy all of the requirements under Appendix FM of the Immigration Rules. One such requirement is demonstrating that they can be adequately accommodated in the UK without recourse to public funds. Understanding the adequate accommodation requirement can be confusing, which is why it is important for Applicants to contact our Immigration Team to help prepare an application under Appendix FM of the Immigration Rules and ensure that all of the requirements, including the adequate accommodation requirement, are met.
What is the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules?
On 9 July 2012, there were some huge changes to the UK’s Immigration Rules which introduced new stringent requirements for non-EEA nationals applying to enter or remain in the UK on the basis of their relationship with their British citizen family member who is present and settled in the UK. The introduction of Appendix FM of the Immigration Rules replaced the previous maintenance requirement. There are some categories under Appendix FM of the Immigration Rules that do not need to meet the minimum income requirement of £18,600, and instead, Applicants will need to demonstrate ‘adequate maintenance’. All categories under Appendix FM of the Immigration Rules regardless if they need to meet the minimum income requirement or the ‘adequate maintenance’ requirement will also have to satisfy the adequate accommodation requirement.
Applications under Appendix FM of the Immigration Rules under the 5-year settlement route as a partner, parent, dependent child and adult dependent relative must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds. This must be not only for themselves but for other family members who are not included in the application but who live in the same household. The accommodation must be owned or occupied exclusively by the family. Accommodation is not deemed to be adequate if it is or will be overcrowded.
What is the definition of Overcrowding in respect of the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules?
Under paragraph 6 of the Immigration Rules, the definition of overcrowding is contained in the Housing Act 1985. Under section 324 of the Housing Act 1985 and for the purpose of Immigration applications, a property is deemed to be overcrowded if the room standard is breached. The room standard is breached when the number of persons sleeping in a property and the number of room available as sleeping accommodation is such that two persons aged 10 or over of the opposite sex who are not living together as a couple must sleep in the same room. Children under 1-year-old are not counted and children aged between 1 and 10 are counted as half a person. Sleeping accommodation means bedrooms and living rooms and bathrooms and kitchens are not considered suitable sleeping accommodation. The Home Office decision maker will assess how the sleeping arrangements within the property could be organised rather than how they are currently organised.
Overcrowding is only allowed in the following situations:
- If a child who has just turned one of the specified ages and alternative accommodation has not yet been arranged; or
- When a ‘temporary’ family member is sleeping at the property; meaning they are only there for a short time; or
- Where the local authority has given permission for the overcrowding.
For assistance with preparing an Immigration application under Appendix FM of the Immigration Rules and understanding the documentation required to demonstrate the adequate accommodation requirement, contact LEXVISA Immigration Solicitors and Barristers today and arrange a consultation.
Using Legal Representation to satisfy the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct immigration and visa legal representatives to apply for a UK Immigration visa application in the United Kingdom.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence and failure to meet the financial requirement for their application. In order to ensure your UK Immigration visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration visa application meets the Immigration Rules.
Successfully satisfy the Adequate Accommodation Requirement under Appendix FM of the Immigration Rules
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of UK Immigration visa application before your matter even reaches the Home Office UK Visa & Immigration department. We can offer bespoke advice on complex issues in relation to meeting the financial requirement for your application. We can assist you with the preparation of your UK Immigration visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful UK Immigration visa application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.