Immigration Status

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    Immigration Status

    Dear All,

    Please can someone clarify the new law on checking someones immigration status for me?

    If a person is currently legal but has sent their passport for renewal, is a Landlord allowed to let to such a person - there is no way for me know if they will be granted a new visa or not.

    Also if a person currently has a visa but it will expire at some point - is there a minimum number of months that should be on the visa before a Landlord can let to them?

    Thanks.

    #2
    The Bill hasn't been passed yet - next in House of Lords in May, see
    http://services.parliament.uk/bills/...migration.html

    I would advise taking copy of passport & Visa 9ie you take a copy, don't just ask for a copy..) (You are looking for "Indefinite leave to remain").

    The question of how you, me or anyone else could spot of fake Visa is another matter these clowns haven't thought through....
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by theartfullodger View Post
      The Bill hasn't been passed yet - next in House of Lords in May, see
      http://services.parliament.uk/bills/...migration.html
      thanks for the reply t.a.l

      Oh - has not been passed yet - I thought it was up and running. What does this mean? A landlord does not have to do any checks yet?

      Are you saying that only people with indefinite leave to remain can rent a house? What if they have 4month visa. What if the have a 6month tourist visa?

      Comment


        #4
        It means you can let to whoever you want.

        Comment


          #5
          I wouldn't even know what a visa looks like let alone what wording I should be looking for!

          Comment


            #6
            Originally posted by gardens View Post

            Are you saying that only people with indefinite leave to remain can rent a house? What if they have 4month visa. What if the have a 6month tourist visa?
            If I'm letting to somebody now who will no longer be able to stay in the country will I have to give them a section 21 or just chuck 'em out? What's the penalty for letting to the 'wrong' person?

            Comment


              #7
              For failing to check the status, it's a £ 3000 fine.
              For doing checks, e.g. looking at passports and visas, but they were false, who knows what you are guilty of ?

              When the law is introduced, I would suggest if you let to people on a visa, that the visa is valid for at least 8 months. ( for a 6 month tenancy, and 2 months to get them out ).

              If their visa runs out at any time, inform the police, as it's their job to deport overstayers, so you don't have to "chuck them out", the police can.

              Comment


                #8
                Originally posted by ram View Post
                ....

                If their visa runs out at any time, inform the police, as it's their job to deport overstayers, so you don't have to "chuck them out", the police can.
                Really? I thought that was UKBA.
                http://en.wikipedia.org/wiki/UK_Border_Agency

                But simply because a tenant has been deported does not end the tenancy: He might come back (yes, persons can & do appeal against deportations...). The wise landlord would still go through courts or get surrender deed signed...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by theartfullodger View Post
                  Really? I thought that was UKBA. (Border_Agency )
                  But simply because a tenant has been deported does not end the tenancy: ...
                  To report a person breaking the law, your first port of call is the Police, who should then inform the appropriate authority. ( UKBA, MI 5, MI 6, Interpol, or whatever, etc etc )

                  End of tenacy via deportation.
                  Just stick an abandonment notice on the door, and follow prescribed proceedures as previously mentioned on this site ( which could well be court actions eventualy to get property back )

                  Comment


                    #10
                    I have just let a property to two South Africans who have the Right to Indefinite Right to Reside, the authorities issue a card with their photograph and imprinted is the crucial words:

                    Even though the new legislation hasn't been passed I insist on having the correct documentation in place on the grounds that if someone is subsequently refused an extension then I can envisage that they will remain in the property and elect not to pay the rent as they have absolutely nothing to lose by adhering to the terms of the tenancy. Rather their loss rather than mine.

                    Comment


                      #11
                      Originally posted by ram View Post
                      End of tenacy via deportation.
                      Just stick an abandonment notice on the door, and follow prescribed proceedures as previously mentioned on this site ( which could well be court actions eventualy to get property back )
                      Is that your opinion or do you have actual references?

                      If the rent is being paid, and the tenant's belonging are still at the property, I don't see any ground to decide that a surrender is being offered.

                      Comment


                        #12
                        jjlandlord,

                        "follow prescribed proceedures as previously mentioned on this site"

                        How can you get "a surrender" if someone has been deported ?
                        Only fools still transfer money in to an overseas account ( into U.K. ). to pay rent in another country when they have been deported from that country.

                        But thats a different Thread, which will probably be discussed when it actualy happens, or is about to happen.

                        Comment


                          #13
                          Interesting thread.
                          Not every foreigner requires a visa to reside in the UK.
                          There are many different nationalities that are exempt from immigration status.
                          Does the government expect every landlord to become immigration experts?

                          Comment


                            #14
                            Yes, Heril, the government does expect every landlord to become an immigration expert.

                            I'm not an immigration expert, therefore I am unable to let to anyone who doesn't look like me, or sound like me. I don't know how to check status and I can't afford the fine. It's just too risky.

                            Having said that, I'm going to let to a man with a name I can't pronounce because his girlfriend has a Northern English accent. Let's call her Jane. Jane said that when 'Abdullah' phoned for a house it was always let and when Jane phoned it was available. I explained the situation to her.

                            It's not right and it's not fair to 'Abdullah' or me. But, as I said before, it's too risky for me.

                            Comment


                              #15
                              Originally posted by ram View Post
                              How can you get "a surrender" if someone has been deported ?
                              Only fools still transfer money in to an overseas account ( into U.K. ). to pay rent in another country when they have been deported from that country.
                              Re. my question, I'll take that as "I've no idea of the facts, this is just my personal opinion".

                              Comment

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