OA148652013

The Specialist Appeals Team appeals on behalf of an Entry Clearance Officer (Manila) from the decision of the First-tier Tribunal allowing the claimant�s appeal against the refusal of entry clearance as the spouse of a British national.

He had not provided evidence to demonstrate his wife had confirmed employment in the UK starting within three months of her returning there. Indeed he had indicated in Appendix 2 that his wife did not have any employment arranged in the UK. Therefore, in order to qualify, his wife was required to show �62,500 in savings, which must have been held for at least six months.

As evidence of his savings, he had provided a bank statement from RAMS covering a period from 1 October 2012 to 31 March 2013. The lowest balance in the last six months was 19,671 Australian dollars, which was equivalent to �12,642 according to OANDA. Therefore, these savings were not sufficient to meet the financial requirements. Accordingly his application was refused under paragraph EC-C.1.1(d) of Appendix FM of the Immigration Rules.

The claimant wrote a letter in which he set out his grounds of appeal. He had not realised that they needed to show proof of employment for his wife in the UK. During the pending visa application, his wife had been in contact with a possible employer that she had met in December 2012 whilst back home in the UK on holiday. She was successful at interview, and he was attaching supporting documents to show that she had employment which was supposed was to commence in August 2013.

He disputed the Entry Clearance Officer�s assertion that he had not demonstrated that in the last twelve months his wife had received the level of income required. They had submitted a 2012 income tax return for both himself and his wife which showed that she earned 65,921 Australian dollars (approximately �44,000) for the year.