OA148512013

For the Respondent: Mr T Gaisford, Counsel instructed by Charles Simmons Immigration Solicitors

This is an appeal by the Entry Clearance Officer against the decision of the First-tier Tribunal allowing the appeal of the respondent, hereinafter �the claimant�, against a decision of the Entry Clearance Officer on 5 June 2013 refusing her entry clearance as a partner under Appendix FM of the Immigration Rules.

There were two points taken against the claimant. It was thought that she did not satisfy the English language requirements but that point has since been resolved in her favour. More significantly the Entry Clearance Officer was not satisfied that the claimant satisfied the maintenance requirements of the Rules. In simple terms the sponsor had not shown the Entry Clearance Officer that he earned sufficient money. The Entry Clearance Officer said:

�Your sponsor is not exempt from the financial requirements as defined at paragraph E-ECP.3.3. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of the Rules your sponsor needs a gross income of at least �18,600 per annum (or if applying with one child �22,400 and an additional �2,400 for each additional child).

For tax year 20/11/12 you declared income of �9,252 before tax deductions. The latest annual self-assessment tax return to HMRC does not show the necessary level of gross income. For this reason I refuse your application under paragraph EC�P.1.1(d) of Appendix FM of the Immigration Rules. (E�ECP.3.1)