OA138732013

The grounds in support of the ECO�s successful application for permission to appeal stated as follows:

�The Rules of specified evidence are comprehensively set out in Appendix FM-SE to the Immigration Rules. These set out what types of evidence are required, the periods they cover and the format that they should be in. The Tribunal has had no regard to this at paragraph 8 of the determination where it sets out its findings on this issue. It is respectfully submitted that the Tribunal has failed to comply with the Immigration Rules and that its findings are therefore unsustainable.

The Sponsor�s P60 for 2012 showed an annual income of �12,000 and the P60 provided for 2013 reflected an annual income of �15,055. The earnings the Appellant relied upon therefore fell below the required financial threshold requirement.

It follows from this that it is not clear what the Sponsor�s actual gross annual income was at the date of application. It also follows that the appeal can therefore not be made out. However, it is also worth noting that if the Sponsor�s current income does exceed the income threshold, there is no reason to prevent the Appellant making a fresh application based on the Sponsor�s income at this time.�

As noted by First-tier Tribunal Judge Heynes in granting permission, the grounds of appeal in summary complained that the Judge erred in the consideration of the Sponsor�s salary and arguably failed to give adequate reasons for finding that she met the financial requirements of Appendix FM.