I have been approached by 3 Chinese students who would like to rent one of our flats.
They only have a 3 months visa expiring in September and apparently can only apply for a year’s visa after 7th September, the date they want to move in.
They do have student cards.
How do I stand in respect of the Immigration Act 2014?
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The first thing is that it sounds like you’re basically compliant with the Immigration Act and right to rent requirements by the checks you are / have undertaken.
I’ve just had a look at the statutory guidance and conclude the following:
Firstly, it’s okay to do the physical checks in person on the same day as the tenancy commences (in case you’ve just been using scanned copies for the time-being):
It seems to me that “on the day” of the start of tenancy, the tenant has a time limited right to rent albeit for only that day, after which it expires. The guidance then says:
Therefore, assuming the expiry date of their visa is okay to be on the same day as the tenancy, follow up checks aren’t needed again until just before 12 months.
You can also see our guidance available here.