OA138442013

The Appellant appeals against a determination of Judge of the First-tier Tribunal Horvath (the judge) promulgated on 7 th February 2014.

The Appellant is a citizen of the United States of America born 2 nd June 1961 who applied for entry clearance to enable him to settle in the United Kingdom with his spouse Helen Mark to whom I shall refer as the Sponsor.

The application was made on or about 11 th March 2013. The Appellant explained in the application form that his relationship with the Sponsor first began on 5 th November 2012, and they first met in person in the United Kingdom on 9 th January 2013. They lived together in the United Kingdom from 9 th January 2013, before travelling to the United States on 18 th February 2013. They married on 7 th March 2013 and were living together in the United States when the application for entry clearance was made.

The Appellant explained that the Sponsor has two children, both British citizens, born 21 st March 2001 and 7 th April 2004 respectively.

In relation to finance it was explained that the Sponsor received disability living allowance of �72.40 per week, child tax credit of �111.52 per week, incapacity benefit of �226.70 every two weeks, and child benefit of �134.80 every four weeks. The Sponsor lived in private rented accommodation in the United Kingdom, and received council tax benefit which paid the �900 per annum council tax in full, and received housing benefit of �415.40 per calendar month whereas the rent was �470 per month.