1. Overview
When applying for entry clearance, further leave to remain or settlement under Appendix FM to join a partner, parent, dependent child or as an adult dependent relative, you must meet the accommodation requirement. This guide explains what “adequate accommodation” means and how applicants can show they meet this part of the rules.
2. What counts as adequate accommodation
For family immigration routes, accommodation must be adequate. The Home Office defines this as housing that:
- is owned or occupied exclusively by the applicant and their f
- amily
- can be secured without using public funds
- is not overcrowded under UK housing standards
- does not breach public health regulations
3. Exclusive occupation and legal right to live in the property
Under the rules, part of the property must be for the exclusive use of the family, for example, a private bedroom. Sharing areas like the kitchen or bathroom is allowed.
Applicants must show they have the legal right to live there. Evidence can include:
- property deeds or mortgage statements
- tenancy agreement
- a letter from the landlord confirming rent is up to date and giving permission for the applicant to live there
- a letter of consent from a family member or friend who owns or rents the property
If the accommodation is council housing, correspondence from the council confirming the lawful basis of occupation and permission for the applicant to live there can be provided. Evidence of benefits received towards housing costs should also be included, where relevant.
4. Using public funds and the accommodation requirement
An applicant is not considered to be using public funds simply because their sponsor receives benefits that help pay for the accommodation.
However, if the sponsor becomes entitled to additional public funds because the applicant arrives in the UK, this will usually count as recourse to public funds and the requirement may not be met.
If applying from inside the UK, and both the applicant and sponsor qualify jointly for benefits listed under section 115 of the Immigration and Asylum Act 1999, this does not automatically prevent the applicant from meeting the requirement.
5. Overcrowding rules and room standards
The Housing Act 1985 sets out when a property is considered overcrowded. Everyone living in the property must be counted-even those who are not applying.
Rooms of at least 50 square feet are counted as usable sleeping space. Living rooms can be included; kitchens and bathrooms cannot.
Occupants are counted as:
- under 1 year: not counted
- age 1-10: ½ person
- age 10+: 1 person
Two people aged 10+ of the opposite sex who are not a couple cannot share a bedroom. A floor plan is useful evidence.
Floor area rule
| Floor area | Allowed occupants |
| 110 sq ft or more | 2 persons |
| 90-109 sq ft | 1.5 persons |
| 70-89 sq ft | 1 person |
| 50-69 sq ft | 0.5 person |
Number of rooms rule
| Number of rooms | Allowed occupants |
| 1 | 2 persons |
| 2 | 3 persons |
| 3 | 5 persons |
| 4 | 7.5 persons |
| 5+ | 2 persons per room |
For example, a studio flat of 110 sq ft or more can house a couple and a child under 1 year old.
6. Accommodation in houses in multiple occupation (HMO)
An HMO is a property occupied by people who do not form a single household. This can include situations where two family units live in one property.
Applicants must show that the part of the property they will use exclusively meets the adequacy requirement. A written confirmation of permission to live there should be provided.
HMOs also have separate overcrowding rules, and local authorities can issue notices limiting the number of residents.
7. Temporary overcrowding exceptions
Home Office guidance accepts certain temporary overcrowding situations, including:
- when a new-born baby or a child turning 1 or 10 causes temporary overcrowding
- when a family member visits or stays for a short period
- where the local authority has authorised “licensed overcrowding”
8. Meeting public health standards
Accommodation must not breach public health or safety regulations. Common issues that may cause refusal include:
- mould or damp
- no valid gas safety certificate
- an energy efficiency rating below band E
Applicants can provide a surveyor’s report, council inspection report, or recent photographs to show the property is safe and well-maintained.
9. When the accommodation requirement does not apply
The accommodation requirement is waived only for applicants applying as a partner or parent where paragraph EX.1 applies (cases involving “insurmountable obstacles” to family life outside the UK).
10. Contact LawSentis
For expert help with family visa entry clearance, extensions, settlement applications, or appeals, you can contact LawSentis on WhatsApp at +44 7733 648414.
11. Frequently asked questions
What counts as adequate accommodation for a family visa?
Accommodation that is exclusive, not overcrowded, obtained without public funds, and meets public health standards.
What does exclusive occupation mean under Appendix FM?
At least one room must be for the private use of the applicant and their family.
Does public funds use affect the requirement?
Only if the sponsor becomes entitled to extra public funds because of the applicant.
When is accommodation overcrowded?
When it exceeds the allowed number of occupants based on room sizes and room numbers.
Can an HMO meet the requirement?
Yes, if the applicant has exclusive space that meets adequacy rules and permission is confirmed.
Are temporary overcrowding situations allowed?
Yes, in limited cases such as newborns or short-term stays.
What public health standards must be met?
Properties must be safe, free from hazards like mould, and have necessary safety certificates.
Are any applicants exempt from the accommodation requirement?
Yes, only where paragraph EX.1 applies.