The following Immigration practice note provides comprehensive and up to date legal information covering:
The requirement to show that there is ‘adequate accommodation’ available for the applicant partner and any family members (including those not included in the application) applies to almost all applications for leave to enter or remain as a partner—whether made under Part 8 or Appendix FM (including minimum income applications and those relying on ‘specified benefits’). It also applies to applications made by the children of settled persons and children of those with limited leave as a partner.
The only family member applicants who do not need to show ‘adequate accommodation’ are those making applications in reliance on Appendix FM, para EX.1 or under the residual exceptional circumstances provisions in para GEN.3.2. See Practice Notes: Appendix FM: Section EX and Appendix FM: exceptional circumstances cases under para GEN.3.
‘Adequate accommodation’ is not itself defined in para 6 of the Immigration Rules. The relevant provisions of Part 8 and Appendix FM confirm that accommodation must be owned or occupied exclusively by the parties. Appendix FM now reflects the Home Office's pre-existing guidance and provide that accommodation will not be regarded as adequate if:
it is, or will be, overcrowded, or
it contravenes public health regulations
To ‘occupy exclusively’ does not require that the family live alone in a property. The term is defined in the Immigration Rules, para 6 as requiring that at least ‘part
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