OA065332015

The Entry Clearance Officer (ECO) appeals against the decision of First-tier Tribunal Judge J Bartlett, promulgated on 20 February 2017 allowing the appeal of Mr Herpreet Singh against the decision of the ECO to refuse entry clearance as a spouse pursuant to section EC-P of Appendix FM of the Immigration Rules (the Rules). Hereinafter, I shall refer to the parties as they were before the First-tier Tribunal.

The judge noted there were two issues before her in the appeal. The first concerned the genuineness and subsistence of the relationship between the Appellant and sponsor. The judge found that the relationship was subsisting and that the Appellant intended to live permanently with the sponsor. The second issue concerned the financial requirements of Appendix FM-SE.

"it is not disputed that at the time of the application the appellant did not submit bank statements covering the full six-month period or the letter from the employer setting out all the information required by appendix FM-SE. However I consider that I am entitled to take into account evidence submitted after the application so far as it pertains to the situation as it was at the date of application."

"I also considered that the letter from the employer which has been provided for the purposes of this appeal, complies with appendix FM-SE. In addition I find that Ms Singh has provided bank statements covering the entire six month period an issue (sic). Therefore I conclude that the appellant has satisfied the financial requirement in appendix FM and the requirements of appendix FM-SE."

The judge proceeded to consider the claim outside of the Rules on Article 8 grounds and reached a somewhat odd conclusion that: as there was no gap between the Immigration Rules and Article 8, as the former had been met, the Article 8 claim fails [19].