UI2023004875

      The Appellant appeals, with permission granted by Judge Clarke, the decision of First-tier Tribunal Davison ("the Judge"), promulgated on 22 August 2023, dismissing the Appellant's appeal against the Respondent's refusal of 22 August 2022.

      The Appellant is a citizen of Nigeria. Her immigration history is set out in the refusal letter. In summary, the Appellant married the Sponsor on 20 December 2013, in Nigeria. The Sponsor, who is a British citizen, returned to the United Kingdom ("UK") shortly after the wedding. The couple lived apart until the Appellant entered the UK on 12 May 2018 as a visitor. Her visa was valid until 19 October 2018.

      The Respondent considered the Appellant's application under the 10-year partner route, in accordance with Appendix FM of the Immigration Rules. The Appellant did not meet the requirements of E-LTRP.2.2 because she was an overstayer, her visa expired on 19 October 2018.

      The claim did not meet the requirements of paragraph EX.2. The Respondent accepted that the Appellant was in a genuine and subsisting relationship with the Sponsor but was not satisfied that there were insurmountable obstacles to their family life being continued in Nigeria.

      The Respondent relied on the findings of Judge Parkes, who on 5 December 2019 refused the Appellant's appeal against the decision to refuse her application under the Immigration (European Economic Area) Regulations 2016, for a residence card as the primary carer of a British citizen.