Spouse visa accommodation requirement explained

Every spouse visa applicant has to show that the couple will have adequate accommodation in the UK, without claiming public funds. Most couples meet it easily. It becomes a problem when the home is shared with family, the number of rooms is tight, or the paperwork is in someone else's name. This guide sets out what the Home Office checks and how to prove it.

What "adequate" means

The accommodation must be:

• owned or occupied exclusively by you and your family. You can share a kitchen or bathroom with others, but you need at least one room that is yours alone;
• available without claiming housing benefit or other public funds for it;
• not overcrowded under the Housing Act 1985 standard; and
• not in breach of public health rules (for example, a home with a serious hazard).

You can own, rent, or live rent-free with relatives. A council or housing association home is fine if it is already yours: the rule is that you cannot claim extra public funds because the applicant joins you.

The overcrowding test

The Housing Act has two tests, and the home must pass both.

The room standard. Two people of the opposite sex aged 10 or over must not have to sleep in the same room, unless they are a couple. Bedrooms and living rooms count as rooms for sleeping; kitchens and bathrooms do not.

The space standard. This sets how many people can live in a home with a given number of rooms. Babies under one are not counted, and children aged one to ten count as half a person. Rooms smaller than 50 square feet are not counted at all.

Rooms (bedrooms and living rooms)	Maximum people
1	2
2	3
3	5
4	7.5
5	10

Above five rooms, add two people for each extra room. The caseworker looks at how the sleeping arrangements could be organised, not only how they are organised now.

For a family home where parents, siblings and the couple will all live together, we count the rooms with you before applying.

Living with family

Many couples start married life in the sponsor's family home. That is acceptable, but the evidence has to come from the owner or the tenant:

• a letter from the homeowner or tenant confirming you can live there, for as long as you need, and naming everyone who lives at the address;
• their proof of ownership (Land Registry title or a mortgage statement) or their tenancy agreement, plus the landlord's permission if the tenancy limits who can live there;
• a council tax bill for the address.

The evidence

• Owned home: Land Registry title or mortgage statement, and a council tax bill.
• Rented home: the tenancy agreement, with the landlord's consent if the applicant is not named on it, and recent rent payments on a bank statement.
• Family home: the letter and documents above.
• Moving into a new home: a signed tenancy or a completion statement, dated before the decision. A home you hope to find later does not meet the rule.

This is not a complete list. What you need depends on your circumstances, and the documents vary from case to case. Your solicitor will tell you exactly what applies to you.

Property inspection reports

A property inspection report is a short survey of the home by an independent inspector or the local council, describing the rooms and confirming the home is not overcrowded and meets health and safety standards. The rules do not require one. It is worth paying for when the home is shared with family, when the room count is close to the limit, or when the house is in a relative's name. It costs a few hundred pounds at most and closes a question a caseworker might otherwise raise.

Questions people ask