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Overcrowding law for UK immigration

June 7, 2021 355

If your spouse or partner applies to join you in the UK you must show that the available accommodation is adequate and will not be overcrowded. Most particularly, you must show that the sleeping arrangements will not be overcrowded.

If there is just a couple then the sleeping requirements are straightforward: there must be one “main room” and that main room must be at least 10.22 square metres in area. A main room does not have to be a dedicated bedroom: it could be a living room or sitting room.

But if there are children in the family the requirements may be more complex. If there is a couple with a child under the age of one then a single main room of at least 10.22 square metres will be sufficient for all three people.

But if the child is aged one but less than ten then the child must have their own sleeping room, and the room must be at least 4.65 square metres in area. If the child is aged ten or over then the child must have a sleeping room of at least 6.5 square metres in area.

If there is more than one child then the calculation is yet more complex, and the genders of the children may have to be taken into account. Children of different genders aged 10 or over must not have to share the same sleeping room.

So, for example, if there is a couple and two children aged ten or over, a boy and a girl, there must be three sleeping rooms: one room of at least 10.22 square metres and two rooms of at least 6.5 square metres.

If you think this is all quite complicated you are right, and you might need expert advice and guidance. Get UK Visa has a lot of experience in this area, and we will be able help you with this, as well as with all the other aspects of your partner visa application.

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