UK spouse visa refused for the accommodation requirement

What does this refusal reason mean?

Under Appendix FM, partner applicants need to show there will be adequate accommodation for the family, which they own or occupy exclusively, without recourse to additional public funds. In practice the officer is looking for three things:

• Right to live there — you or your partner own or rent the property, or the owner agrees to you living there.
• Space — the property is not overcrowded once you arrive, taking into account everyone who lives there.
• Exclusive use — the rules refer to accommodation the family occupies exclusively; gov.uk explains how this is defined.

The general requirements and evidence lists are on gov.uk under family visas and in Appendix FM-SE.

What wording might you see in the refusal letter?

• “You have not demonstrated that there will be adequate accommodation…” — the general finding.
• “No evidence has been provided that the owner/landlord consents…” — permission to live in the property was not shown.
• “The property would be overcrowded…” — the officer counted the rooms and the people who would live there.
• “It is unclear who else resides at the property…” — the household was not clearly described.

What do people usually check next?

General information only. After an accommodation refusal, people often check:

• whether the tenancy agreement or ownership evidence was current and in the right name;
• whether a letter from the landlord, or from the owner if living with family, confirmed you can live there;
• whether the application listed everyone who lives at the address, including children and lodgers;
• how many bedrooms and living rooms the property has, and whether that was clearly shown;
• whether moving or planned moves were explained.

Which documents are often relevant?

• Tenancy agreement, mortgage statement or land registry record.
• Letter of consent from the landlord or property owner.
• A property inspection report describing rooms and occupants, which some applicants choose to provide.
• Council tax bill or utility bills at the address.
• A short statement listing everyone who lives at the property.

What are the options: reapply, appeal or administrative review?

When the gap was a missing letter or document, people often consider reapplying with fuller evidence. Where an officer is thought to have misread evidence that was sent, a challenge may sometimes be possible. The routes open are stated in the letter. There are general guides to reapplying and appealing; a regulated adviser can discuss how they apply to a particular case.

Where do you find your deadline?

Your refusal letter is the only reliable source for your own time limit. It says whether you have a right of appeal, whether you can ask for an administrative review, and how long you have. Check the deadline stated in your refusal letter as early as you can — time limits are strict and usually count from the date of the decision or the date you received it. The general process is described on gov.uk: appeal against a visa or immigration decision and ask for a visa administrative review.