UI2022004396

      The Appellant is a national of Russia born on the 15 th January 1988. She appeals with permission against the decision of the First-tier Tribunal dated 29 th March 2022 to dismiss her appeal against the Respondent's decision to refuse to grant her leave to remain so that she can live in the United Kingdom with her British husband.

      From the Respondent's point of view, the case was one which clearly merited refusal under Appendix FM. Although the Sponsor Mr Smith had a job which met the minimum income requirement, and there was no dispute about the validity or nature of this marriage, it fell to be refused for one simple reason: Mrs Smith had entered the UK as a 'visitor', and Appendix FM specifically prohibits visitors from 'switching' into the category of 'partner'. Judge Austin agreed, and the appeal was dismissed.

      Mrs Smith has now been granted permission to argue that Judge Austin's decision was irrational and/or it overlooked key information about the couple's circumstances, namely:

i)                    That Mrs Smith only made the application 'in-country' when she did, in November 2020, because she was unable to travel back to Russia because of the worldwide lockdown in response to the spread of Covid-19;

ii)                  That whilst Mr Smith has previously lived and worked in Russia, he would today face serious difficulties in doing so because he is suffering from long-Covid, a condition that has left him struggling to breath conducting daily activities;