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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 574
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My wife, a non EU national, is on a discretionary visa awarded

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My wife, a non EU national, is on a discretionary visa awarded by a judge in February 2010 (3 + 3 then ILR this June). I am British, as is our daughter. The local authority claims that she cannot be added to the tenancy agreement (secure tenancy). My understanding is that the LA has a discretionary power to add her. I believe she falls under the transitionary arrangements post the 2012 changes to immigration. Can she be added, or not?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your enquiry. Please don't forget to click rate before you leave.
Can you clarify why local authority said she cannot be added to the tenancy agreement?
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
The quote from housing is "Mr Fox [housing officer] advises me [antisocial behaviour officer] that he has also looked at your request to make your wife a joint tenant. Unfortunately, she does not hold a permanent visa for the UK, so she cannot legally be considered for tenancy rights". I have been asking periodically for the last 4 years, without success, from the moment we moved in. From experience, local authority knowledge of visas is not good. FYI, for example, recent social services involvement with the family painted me to be a controlling, manipulative, domestic abuser taking advantage of my wife's visa status that did not allow her access to public funds or to work - which it most certainly does - leaving her completely dependent on money from me. I have been unemployed for 7 years. She works. It's the other way around. Then dropped the case when admitting that their version of thresholds for CIN/CPP did not match legally recognised thresholds. Very strange bunch.
Expert:  frantzgregory replied 1 year ago.
Hello
This is very strange indeed. In any event from an immigration point of view, your wife has a right to rent under the Immigration Act 2014 although accommodation provided by the local authority are exempt from the right to rent scheme nevertheless your wife does have a right to rent if she has a valid visa. DL is a valid leave to remain in the UK.
It could be an internal policy within the local authority if it is, its a strange one. Maybe she should wait until she has obtained ILR.
I am unable to comment on the family related matters.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Thank you for the reply. I'm having a right old ding dong with them at the moment which will no doubt go to the LGO, so wanted to be a bit more confident on the matter.The local authority is London Borough Hammersmith & Fulham and I haven't had one good experience with them over the last 7 years. Horrible lot.Okay - 5 stars for you :)
Expert:  frantzgregory replied 1 year ago.
Thank you.
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