The UK Family Visa Accommodation Requirement
In This Article
1. Overview of the UK Family Visa Accommodation Requirement
When applying for entry clearance, leave to remain or settlement under Appendix FM of the Immigration Rules to join a partner, parent, dependant child, or as an adult dependant relative in the UK, applicants must satisfy an accommodation requirement. In this post we provide a short guide to the UK visa accommodation requirement, looking at what exactly is meant by the requirement to have adequate accommodation for the purpose of a family-based UK visa or immigration application.
2. Definition of Adequate Accommodation
Under the family immigration routes, applicants must show that their accommodation is ‘adequate’. The requirement for ‘adequate accommodation’ means that the family will be living in accommodation which:
- Is owned or occupied exclusively by the applicant and their family;
- Will be obtained without recourse to public funds;
- Is not, or will not, be overcrowded; and
- Does not breach public health regulations.
3. Exclusive Occupation and Legal Right to Reside
Paragraph 8 of the Immigration Rules states that part of the accommodation must be for the exclusive use of the family, such as a bedroom. This does not prohibit sharing other areas of the accommodation, for example a kitchen or bathroom.
Evidence should demonstrate how the applicant can legally occupy the accommodation. This could be via a copy of the property deeds, mortgage documents, tenancy agreement and/or letter from the landlord confirming that rent payments are up to date and the applicant is allowed to occupy the property. If the accommodation is owned or rented in the name of another family member or friend, they should sign a letter stating the basis on which they are entitled to the property and giving consent for the applicant to live there.
Similarly, where accommodation is rented from a local council, correspondence between the tenant and council confirming the basis on which the legal occupier is residing at the property and that the applicant has permission to live there, can be relied upon. Applicants should also provide evidence of benefits received where these go towards housing costs.
4. Recourse to Public Funds and Accommodation
An applicant will not be considered as having recourse to public funds simply because they will be relying partly or wholly on their sponsor’s receipt of public funds in order to satisfy the accommodation requirement. Therefore, if the sponsor receives certain benefits which they use towards payment of the accommodation, the requirement may still be satisfied.
Where the sponsor would be entitled to additional public funds due to the applicant’s presence in the UK, this will generally be considered public funds, and therefore prevent the requirement being met. However, if the applicant is applying from within the UK and the applicant and sponsor will be jointly entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999, this will not prevent the applicant meeting the requirement.
5. Overcrowding Rules and Room Standards
The Housing Act 1985 provides requirements which, if breached, will make the accommodation overcrowded. Other family members who will be living in the property must be taken into account for the calculation, even if they are not making an application.
The number of people allowed to occupy a room is determined by the size of the room and the occupants’ ages. Only rooms of 50 square feet or more are counted. This is any room that could be used for sleeping and therefore includes living rooms but not a kitchen or bathroom.
Any children under 1 year old are not counted. Children between 1 and 10 years old count as a half. If there are 2 people aged 10 or over of the opposite sex who are not a couple, they cannot sleep in the same room. The Applicant could provide a floor plan to verify the number of available rooms.
The Housing Act provides tables to help calculate whether accommodation would be overcrowded:
| Floor area of room | Number of persons |
| 110 sq. ft. or more | 2 |
| 90 sq. ft. or more but less than 110 sq.ft. | 1½ |
| 70 sq. ft. or more but less than 90 sq. ft. | 1 |
| 50 sq. ft. or more but less than 70 sq. ft. | ½ |
| Number of rooms in the property | Number of persons |
| 1 | 2 |
| 2 | 3 |
| 3 | 5 |
| 4 | 7½ |
| 5 or more | 2 for each room |
Therefore, living in a studio flat is acceptable if it is 110 square feet or more, and occupied by a couple and their child under the age of 1.
6. Accommodation in Houses in Multiple Occupation (HMO)
An HMO is “a house which is occupied by persons who do not form a single household”, such as a hotel or hostel. The definition extends to accommodation lived in by 2 or more family units, such as a couple living with one of their relatives. The applicant must show that the part of the property they occupy exclusively is adequate. The applicant should provide written confirmation that they are allowed to live there.
It should be noted that HMOs have separate overcrowding provisions and local authorities can serve overcrowding notices specifying the amount of people allowed in a house.
7. Temporary Overcrowding Exceptions
Home Office guidance states that overcrowding will be allowed if it is:
- Due to a new-born child or a child who has just turned 1 or 10 and alternative accommodation arrangements have not yet been made.
- Temporary, for example, if a member of the family comes to live in the home for a short time.
- Licensed overcrowding, where the local authority has given permission.
8. Compliance with Public Health Regulations
Most properties will not contravene these regulations. If the Home Office is satisfied that there is a breach, the accommodation will not be classed as adequate. This could include where there is mould, no valid gas safety certificate or an energy efficiency rating is below band ‘E’. Compliance can be evidenced by a report from a Chartered Surveyor or the local authority, as well as recent photographs to demonstrate that the property is in a good state of repair.
9. Exemptions from the Accommodation Requirement
The only exception from the accommodation requirement is when applying for leave to remain as a partner or parent and paragraph EX.1 applies. See our article What are ‘Insurmountable Obstacles’ to Family Life? for more details.
10. Contact Our Immigration Barristers
For expert advice and assistance in relation to a family visa initial entry, extension or settlement application, or a family-based immigration appeal, contact our immigration barristers and lawyers in London on 0203 617 9173 or complete our enquiry form below.
11. Frequently Asked Questions
What qualifies as adequate accommodation for a UK family visa?
Accommodation is adequate if it is owned or occupied exclusively by the applicant and family, obtained without recourse to public funds, not overcrowded, and complies with public health regulations.
How is exclusive occupation defined under Appendix FM?
At least part of the accommodation, such as a bedroom, must be for the exclusive use of the family. Other areas like kitchens or bathrooms may be shared. Legal occupation should be supported with deeds, tenancy agreements, or letters of consent from landlords or property owners.
How does recourse to public funds affect the accommodation requirement?
Relying on a sponsor’s public funds does not automatically prevent meeting the requirement. However, if the applicant’s presence triggers additional public funds, the requirement may not be satisfied. Joint entitlement to certain benefits under section 115 of the Immigration and Asylum Act 1999 does not prevent compliance for applications made within the UK.
When is accommodation considered overcrowded?
Accommodation is overcrowded if it breaches the Housing Act 1985. All occupants must be counted, including non-applicants. Room sizes must meet minimum standards, and the number of occupants per room is regulated by age and sex. Floor plans or surveys can help demonstrate compliance.
Can a House in Multiple Occupation (HMO) meet the requirement?
Yes, provided the part of the property exclusively occupied by the applicant and family is adequate. Written permission to reside there should be submitted, and HMOs are subject to separate overcrowding rules.
Are there exceptions for temporary overcrowding?
Temporary overcrowding is allowed in limited circumstances, such as when a child has just turned 1 or 10 and alternative arrangements are pending, when a family member is staying briefly, or where the local authority permits licensed overcrowding.
What public health standards must accommodation meet?
Accommodation must be free from serious issues such as mould, lack of gas safety certification, or an energy efficiency rating below band E. Compliance can be evidenced through a Chartered Surveyor’s report, local authority confirmation, or photographs.
Are there any exemptions from the accommodation requirement?
Yes, exemptions apply for applicants seeking leave to remain as a partner or parent under paragraph EX.1 of the Immigration Rules.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
