What is the Adequate Accommodation Requirement?

The criteria for adequate accommodation is set out in Appendix FM. The rules state:

“The applicant must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if- (a) it is, or will be, overcrowded; or (b) it contravenes public health regulations”

So, in summary, the rules are telling us the following:

• You must prove you have adequate accommodation without relying on public funds
• The accommodation must adequately cater to all family members, not just the visa applicant
• You must own or occupy the property exclusively (see below for guidance on shared accommodation)
• The accommodation must not be overcrowded or contravene public health regulations

If all of the above criteria can be satisfied, then you will be able to meet the Adequate Accommodation requirement.

Many of our client's questions about the Adequate Accommodation requirement involve the legitimacy of shared accommodation. This could be the accommodation you share with your parents or accommodation shared with others in what is known as a House in Multiple Occupancy (HMO).

Regardless of the type of shared accommodation, the rules and guidance clearly state that this type of accommodation is permissible, at least in the short term. Therefore, there is no need to make immediate arrangements for a separate house or self-contained flat. However, the shared accommodation must have a room or more for the family unit's exclusive use (typically a bedroom).

Rules around overcrowding become far more relevant in shared accommodation. Therefore, it's essential to know and disclose the number of rooms in the property and the number of occupants so the caseworker or entry clearance officer can assess any potential overcrowding concerns.

Another concern that regularly features with our clients is whether the accommodation assessment will be made on their present or prospective future accommodation. Accommodation for the family unit could be prospective for many reasons. It may be that the marriage has not yet occurred, or there may not be the need for more extensive accommodation until the family is granted their visas and reunited. Therefore, in any application, the present and future accommodation needs should be addressed.

When an application is assessed, the decision maker must be satisfied that adequate permanent accommodation will be available in the future. They will also need to assess whether adequate temporary accommodation, such as accommodation provided by family or friends, will be available in the meantime.

The definition of overcrowding is taken from the England and Wales Housing Act 1985. The Act has two key standards: the room standard and the space standard. If either is breached, then the property will considered to be overcrowded.

The room standard is breached when 2 or more people aged 10 years or over of the opposite sex, who are not living together as a couple, share and sleep in the same room.

The space standard is breached when the total number of people sleeping in a property is in excess of the permitted number. This is calculated by looking at the total number of occupants and the number of rooms available for sleeping (total bedrooms and living rooms). Note babies under 1 year old are not counted and children aged between 1 and 10 are counted as half.

The table below shows the maximum number of occupants acceptable for a house, based on its number of sleeping rooms, taking into account the age, gender, and whether the occupants are a couple:

If you are living in a House in Multiple Occupation (HMO) it’s important to note there are separate overcrowding provisions. These are set by local authorities, and you should consult with them to ensure compliance with their policies.

Applicants will also need to establish that the property meets relevant housing standards for the area. While overcrowding is a more common issue, applicants should be proactive and supply supporting documentation to show the property meets housing standards.

There are only a few instances where overcrowding is allowed if:

• There is a new-born child or a child who has just turned one of the specified ages above, and alternative accommodation arrangements have not yet been made
• It is a temporary factor, for example, if a member of the family comes to live in the home for a short time there is licensed overcrowding,
• Where the local authority has given written consent

Where ever possible it is best to avoid any kind of overcrowding, even if it is on a temporary basis.

The type of documents required to satisfy the adequate accommodation requirement will vary based on your living arrangements. Based on the following circumstances, we would typically expect to submit the following documents:

• Homeowners - Mortgage statement, land registry documentation, and council tax bills
• Rented - Tenancy agreement and council tax bill
• Living with Family - A letter from the host family providing consent for continued residence

If the property doesn't have any spare bedrooms (including a living room) or you live in a HMO, it's generally advisable to get a Property Inspection Report. Obtaining this document allows you to proactively address any concerns the Caseworker or Entry Clearance Officer may have.