OA030332013

For the Respondent/Claimant: Mr A Alexander, Counsel instructed on Direct Access

The Specialist Appeals Team appeals on behalf of an Entry Clearance Officer from the decision of the First-Tier Tribunal allowing the claimant�s appeal against the decision to refuse him entry clearance as the spouse of a person present and settled here. The First-tier Tribunal did not make an anonymity order, and I do not consider that such an order is required for these proceedings in the Upper Tribunal.

The appellant is a national of Turkey. His application for entry clearance as a partner under Appendix FM of the Immigration Rules was refused on two grounds by an Entry Clearance Officer (post reference 965737) on 18 December 2012.

The first ground was that he was not satisfied that the claimant�s relationship with his sponsor was genuine and subsisting or that they intended to live together permanently in the UK. He stated he had met his sponsor in May 2011, and that the relationship had started the same day. He noted they had married on 3 September 2012. He had stated they stayed in touch over the telephone, but the information provided did not demonstrate communication between two parties in a relationship akin to marriage.

The second ground was that the sponsor was not exempt from the financial requirements as defined in paragraph E-ECP.3.3. The claimant had not provided a copy of the sponsor�s employment contract or bank statements corresponding to the same six month period as wage slips demonstrating payment of wages as evidence of his sponsor�s gross income from her employment. These documents were specified in the guidance, and had to be provided. So his application was refused under paragraph EC-P.1.1(d) of Appendix FM of the Rules.