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Joshua, Lawyer
Category: Law
Satisfied Customers: 30009
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can i bring my spouse to the uk on a rolling tenancy

Customer Question

can i bring my spouse to the uk on a rolling tenancy agreement
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the uk my spouse is not a uk citizen i am sponsoring him on a spouse visa
JA: What steps have you taken so far?
Customer: consulted
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i am uk citizen, my spouse is not... i want to understand if the housing requirement would be met
Submitted: 14 days ago.
Category: Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

May I confirm if this is a tenancy that you have already taken out please? If so, would your spouse be moving in with you?

Customer: replied 14 days ago.
it's a 6 month tenancy initially - that started from 9 jul 2021 and finishes on 8 jan 2022 and then on a monthly contractual period (rolling)
Expert:  Joshua replied 14 days ago.
  1. Thank you. Do you intend to inform your landlord that you are moving in your spouse?
  2. Do you know what kind of visa your spouse is entering the country on? You mention a spouse visa?
Customer: replied 14 days ago.
my spouse will be moving in once the visa is ready which will be around feb/march time 2022
Customer: replied 14 days ago.
i do intend to let my landlord know
Expert:  Joshua replied 14 days ago.

Thank you. Is the spouse visa for a time limited initial period I assume?

Customer: replied 14 days ago.
it will be a settlement visa/family visa
Expert:  Joshua replied 14 days ago.

thank you. I assume the initial Visa will be time limited providing your spouse are time-limited. In which they are allowed to remain in the UK necessitating further applications by your spouse in the future. For the purposes of right to rent checks, your spouse will either need to be able to show a travel document endorsed by the Home Office to indicate that they are entitled to remain in the UK for a time limited period which will include a spousal visa or alternatively, a biometric residence card demonstrating an indefinite leave to remain.

from what you say, I would expect the family Visa to satisfy at least one of these conditions to enable your spouse to satisfy right to rent checks that the landlord is required to carry out

Customer: replied 14 days ago.
my question was around a rolling tenancy contract... do i need to upgrade it to a fixed term in order to satisfy the requirement to bring my spouse over or still be able to stay in rolling contract after the fixed period ends on jan 8 2022
Customer: replied 14 days ago.
please note that my spouse is not in the uk and he is only starting to apply for the visa. I am the sponsor
Expert:  Joshua replied 14 days ago.

thank you for the clarification as regards ***** ***** There would be no need to make any alterations to the tenancy terms based upon your spouse living with you. Your of course, the landlord may desire that a new tenancy term is agreed but it is not a legal requirement

Customer: replied 14 days ago.
Me being the sponsor, i need to provide the accommodation for him to stay when he arrives. And currently the rented property i stay at, the tenancy will enter rolling (on 9th jan) by the time he arrives here in march (if the application is successful). Is there a legal requirement that it must be fixed term tenancy to bring over my spouse?
Expert:  Joshua replied 14 days ago.

Can you confirm what document you have sourced that screenshot from?

Customer: replied 14 days ago.
tenancy agreement
Customer: replied 14 days ago.
34;and the monthly contractual period" is that sufficient enough to say that periodic tenancy will follow on from the fixed term? for meet one of the housing requirements.
Expert:  Joshua replied 14 days ago.

thank you. the requirements for spousal Visa is that the immigration officer must be satisfied that there is adequate permanent accommodation available. I'm not sure what stage your Visa application has reached and if it is not yet been granted, it may be that you would want to take further advice from your immigration adviser in this respect. In principle, there is no prohibition on a periodic tenancy but clearly a tenancy with a minimum fixed term period will have a greater degree of permanence than that of a rolling periodic tenancy.

Customer: replied 14 days ago.
Thank you. He hasn't started applying yet. Me being the sponsor, I need to understand some things around the law regarding this. thank you for you help
Customer: replied 14 days ago.
Expert:  Joshua replied 14 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 12 days ago.

Thank you again for visiting JustAnswer and see you again in the future I hope.