Chapter 9 - The maintenance and accommodation requirements

9.1	To whom do the requirements apply
9.2	Public funds
9.3	Maintenance: General requirements
9.4	Accommodation: General requirements
9.5	Maintenance and accommodation: Entry as a fiancé(e)/proposed civil partner
9.6	Maintenance and accommodation: Entry as a spouse/partner/civil partner
9.7	Assessing adequate means of maintenance for fiancé(e)s and spouses/civil partners
9.8	Assessing adequate accommodation for couples
9.9	Determining whether the couple legally own or occupy exclusively the accommodation
9.10	Maintenance and accommodation: Entry as a dependant
9.11	Adequacy of accommodation
9.12	Overcrowding
9.13	Undertakings

Chapter 9 – The maintenance and accommodation requirements

9.1 - To whom do the requirements apply
The majority of the Rules require the applicants to be able to maintain and accommodate themselves (and any of their dependants) without additional recourse to public funds.

The following guidelines are designed to help you assess these requirements. The guidelines deal particularly with the Rules on fiancés/fiancées, spouses/civil partners and unmarried partners, and dependants, although much of what they contain is applicable to persons coming for temporary purposes.

9.2 - Public funds
The requirements are designed to prevent the admission of persons who do not have realistic prospects of supporting themselves without recourse to public funds. For the purpose of the Immigration Rules "public funds" means:

• Income Support/Jobseeker's Allowance (JSA)
• Housing and Homelessness Assistance
• Housing Benefit and Council Tax Benefit
• Child Tax Credit
• Working Tax Credit*
• Child Benefit*
• Attendance Allowance
• Severe Disablement Allowance
• Invalid Care Allowance
• Disability Living Allowance
• Disability Working Allowance
• A Social Fund Payment

* The British/settled spouse/civil partners may claim Working Tax Credits and Child Benefit for his or her family if they are entitled to this under the Department for Work and Pensions legislation. There is no objection to the British citizen/settled sponsor receiving any public funds to which he/she is entitled in his/her own right. The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant. The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on the state because they don't have sufficient means of their own will find it difficult to support another person for any length of time. The question to be considered is whether additional recourse to public funds will be necessary if the applicant is granted leave to enter.

Income Support is paid by the Department for Work and Pensions (DWP) to those whose income is insufficient to meet their own needs and those of any dependants. Recipients are usually expected to be available for work, but sole parents and elderly persons may be excepted from this requirement.

Working Tax Credit is paid by the DWP to those in full-time employment who are on a low income and have children to support.

Housing Benefit is administered by the housing departments of local authorities.

If the occupant of housing provided by a local authority pays rent to be accommodated in the property, such housing is not considered to be provided from public funds.

9.3 - Maintenance: General requirements
The Rules require that there be adequate maintenance for applicants without recourse to public funds. This means that either the applicants have their own funds (or funds available to them) or their sponsor will provide the necessary support. A combination of these is also acceptable.

If an applicant has been in receipt of public funds during previous stays in the UK, it does not necessarily mean that an application must be refused. However, this may indicate a failure to observe previous conditions attached to a grant of leave to enter.

Sponsors
Sponsors in the UK may themselves be in receipt of public funds. However, as long as a sponsor can show that the applicant is to be maintained without claiming additional public funds, the requirement of the Rules will have been met. The ECO should consider how long such a sponsor on limited means will be in a position to maintain the applicant, having regard to the position taken by the Asylum and Immigration Tribunal (AIT) in 2006 United Kingdom Asylum and Immigration Tribunal (UKAIT) 00065 Ka and Others (Pakistan)(see the box below under "dependants").

Evidence
The ECO should also ensure that when an applicant produces evidence of funds, that they are immediately available. A bank statement should show regular transactions. A statement indicating merely a large deposit but no evidence of normal transactions should be treated with caution. Statements covering at least 3 months should give a satisfactory picture of a person’s financial means.

If you have reason to doubt that the funds will be at the disposal of the applicant, you may ask them for a written undertaking. Further guidance on undertakings, including circumstances for refusal, the prescribed undertakings form (see Chapter 8 Annex 1) and the recovery of Income Support from sponsors by the DWP, is given in Chapter 8.3.

The extent of the evidence which is required to satisfy you will depend on the circumstances of the case. It is unlikely, for example, that very detailed evidence of funds will be required from someone who is clearly a bona fide business visitor who has made regular visits to the UK with no problems occurring. Others going to the UK, whether for a temporary or permanent stay, will need to produce evidence that adequate funds are available.

Dependants
If dependants of the main applicant are going to accompany him/her to the United Kingdom, resources must be available for the whole family unit to be maintained.

There is no explicit minimum figure for what represents sufficient maintenance. However, in 2006 UKAIT KA and Others (Pakistan), the AIT strongly suggested that it would not be appropriate to have immigrant families existing on resources that that were less than the Income Support level for a British Family of that size (See Paragraph 8 of the determination - available on the Asylum and Immigration Tribunal website). If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

9.4 - Accommodation: General requirements
The ECO must be satisfied as to the availability and adequacy of accommodation.
Section 9.12 which deals with the Housing Act 1985 and overcrowding contains more details.

A person living in accommodation provided from public funds may provide accommodation sponsorship for an applicant. The sponsor must demonstrate that no additional public funds will be necessary for accommodating the applicant.

The ECO should be satisfied that the accommodation offered is genuinely available to an applicant (and dependants if appropriate), e.g. the owner of the accommodation has given permission.

More detailed guidance on accommodation undertakings is given in Chapter 8.3.

9.5 - Maintenance and accommodation: Entry as a fiancé(e)/proposed civil partner
A person being admitted as a fiancé(e)/proposed civil partner must have adequate maintenance and accommodation without additional recourse to public funds. They should not be working before the marriage/civil partnership (employment is prohibited until the grant of 24 months’ leave to remain following the marriage/civil partnership); and after the marriage/civil partnership, there must be adequate exclusively owned accommodation for the couple without additional recourse to public funds in accommodation which they own or occupy exclusively (defined in section below).

Prospects for employment
The ECO must be satisfied that the applicant has reasonable prospects of obtaining employment in the UK. It is not necessary to see actual evidence that a specific job has been arranged. However, you should always consider whether plans are realistic.

Initial maintenance
An applicant may obtain financial assistance from a relative or friend in the UK to ensure adequate maintenance until the marriage/civil partnership. Such an arrangement is acceptable. However, there should be no dependency on such assistance after the marriage/civil partnership as the Rules require that the couple then maintain themselves.

Accommodation
Applicants applying as a fiancé(e)/proposed civil partner may not always be clear about the accommodation available to them after the marriage. However, you must be satisfied that they have reasonable prospects of obtaining adequate accommodation. It is acceptable for the applicant to have arranged temporary accommodation with family or friends for the period before the marriage/civil partnership.

9.6 - Maintenance and accommodation: Entry as a spouse/partner/civil partner
Under the Rules a person being admitted as a spouse or civil partner must have adequate maintenance and accommodation for both parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively (defined in section below). The Rules for unmarried partners contain a similar requirement.

When considering the maintenance and accommodation aspects of an application from a spouse, civil partner or partner, it is the ability of the couple to meet the requirements together, which you need to take into account.

Although the Rules do not mention a set period of time for which accommodation must be available, you should be satisfied that adequate arrangements have been made which are likely to last for the foreseeable future.

The applicant should be able to produce reasonably firm plans for the foreseeable future. In particular they should be able to show that arrangements for the couple’s accommodation have been made and should have some idea of the employment which they will be seeking (if not already arranged) or any other way in which they will be able to maintain themselves.

9.7 - Assessing adequate means of maintenance for fiancé(e)s and spouses or civil partners
If the applicant and/or sponsor has skills or qualifications which offer a reasonable chance of obtaining employment or already has employment arranged, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.

You should be satisfied that job offers are genuine and the work likely to last for the foreseeable future.

Factors such as the unemployment situation in the area in which the couple intend to settle may be taken into account. High unemployment in a particular area or amongst a certain age group with particular skills (or lack of them) is not in itself sufficient to show that the requirement has not been met. It would be relevant if the couple’s plans were not realistic or if they did not have any skills or qualifications.

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s/proposed civil partners who are not permitted to work until the marriage/civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:

• the applicant’s past and current employment;
• the applicant’s educational qualifications and any other skills or qualifications which the applicant has that could be of assistance in getting started in the UK;
• the sponsor’s current or proposed employment;
• any plans the applicant has for employment in the UK;
• any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment;
• any support which will be forthcoming from others.

9.8 - Assessing adequate accommodation for couples
You should be satisfied that the accommodation for a couple (or for fiancé(es)/proposed civil partners after they are married) complies with the following requirements:

• it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
• it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see section below on overcrowding).

Depending on the circumstances of the case, there may be other relevant factors; for example, you should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).

9.9 - Determining whether the couple legally own or exclusively occupy the accommodation
You should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:

• the ownership of the property and/or the duration of a lease;
• how much security the terms of any lease gives and whether it could be terminated at short notice;
• whether any lease enables the tenant to sublet to the couple or take them in as lodgers.

If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

If the couple have children with them there must be additional adequate accommodation for them (section below on overcrowding gives a formula for maximum numbers of persons allowed).

9.10 - Maintenance and accommodation: entry as a dependant
According to the Rules, children (Paragraph 297), adopted children (Paragraph 310) and other dependants (Paragraph 317) e.g. parents, grandparents, must be provided with adequate maintenance and accommodation without recourse to public funds which the sponsors own or occupy exclusively (as defined above).

These requirements apply only to children included in an application, e.g. a child applying with a parent, not to other children who might travel at a later date.

Accommodation need not be available exclusively for a dependant in the same way that the Rules require for a spouse/civil partner or fiancé(e)/proposed civil partner but you must be satisfied that the provision of accommodation for a dependant in the UK is reasonable and will not cause overcrowding (as described below), otherwise refusal of entry clearance will be appropriate.

9.11 - Adequacy of accommodation
You should make a sound judgement based on the evidence from the applicant as to whether the accommodation available is adequate.

If you are not sure of the credibility of the applicant, you should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

9.12 - Overcrowding
The Housing Act 1985 contains statutory definitions of overcrowding in residential housing.

A house is considered to be overcrowded if 2 persons aged 10 years or more of the opposite sex (other than husband or civil partner and wife or civil partner) have to sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom: rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:-

NUMBER OF ROOMS 1 2 3 4 5 Each additional room in excess of 5

MAXIMUM NUMBER OF PEOPLE ALLOWED 2 3 5 7.5 10 An additional 2 people

For the purpose of the Act, a child under one does not count as a person. A child aged 1-10 years counts as only half a person.

Separate overcrowding regulations exist for houses in multiple occupation (HMO). These include houses occupied by persons not forming a single household. This wide definition covers not only hotels and hostels but also houses lived in by 2 or more couples of different generations where they do not share common facilities.

Local authorities have the power to serve an overcrowding notice in respect of an HMO to specify the maximum number of people who may sleep per room. The local authority can also set a limit on the number of people in a house, or prevent further new residents, and require the provision of extra facilities.

In relation to adequacy of accommodation you should bear in mind that if an overcrowding notice renders an occupier homeless, the local authority may be forced to provide alternative accommodation under the Housing Act 1985. For example, if the occupier has dependent children or is old or infirm. Such accommodation counts as public funds.

If Posts issue guidance to applicants on accommodation, they should make it clear that any qualified body independent of the applicant or sponsor may prepare a report confirming the status of the proposed accommodation, e.g. size, occupiers etc.

The ECO would only need to write to the authority or landlord or insist on provision of such evidence by the applicant only if it seems likely that overcrowding may result and there is no other way of determining this.

Some local authorities have objected to providing information on housing standards in immigration applications. You should, therefore, exercise caution in approaching local authorities for information.

Letters to local authorities should be written in the following terms:

NAME OF APPLICANT The above-named has applied for ................................................................ to come to the United Kingdom for settlement as ................................................ of.............................................................................................. whose address is given as ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ Before I can grant the entry clearance asked for, I am required by the Immigration Rules to be satisfied that the applicant can maintain and accommodate himself/herself, or be maintained and accommodated without recourse to any of those public funds mentioned in the Immigration Rules, i.e. housing under Part III of the Housing Act 1985 and income support, family credit, council tax benefit and housing benefit under Part VII of the Social Security Contributions and Benefits Act 1992. From the information I have it appears that the address at which the applicant says he/she is going to live is a house in multiple occupation within the meaning of the Housing Act 1985. It would be helpful to me to know whether your authority would regard the arrival of the applicant as causing overcrowding and whether you would consequently have to provide emergency housing under Part III of the Housing Act 1985 if the applicant were to remain living at the address. I should emphasise that I am seeking your voluntary help. If, for any reason you are unable to provide the help I am seeking, I would be grateful if you could let me know as soon as possible so that my decision in the case should not be unnecessarily delayed.

9.13 - Undertakings
Guidance on undertakings for maintenance and accommodation at Chapter 8.3.