OA109082014

This appeal is not subject to an anonymity order by the First-tier Tribunal pursuant to rule 13 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Neither party has invited me to make an anonymity order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) and I have not done so.

The appellant appeals against the decision of the First-tier Tribunal (Judge Kershaw) dismissing the appellant's appeal against a decision taken on 12 August 2014 to refuse entry clearance as a spouse under paragraph EC-P of Appendix FM of the Immigration Rules ("the Rules").

The appellant is a citizen of Pakistan born on 16 March 1993. She is married to Mr Moin Hussain who is a UK citizen born on 13 July 1991.

The respondent accepted that the sponsor earned the annual equivalent of £13,721 from his employment with Clean Linen Services Limited. However, the claimed earnings from the sponsor's second employment as a carer were only shown in the pay slips and not in the bank statements submitted. The requirements of paragraphs EC-P.1.1(d) and E-ECP.3.1 of Appendix FM were not met. There were no exceptional circumstances such as to justify entry clearance outside the Rules.

The appeal was considered by an entry clearance manager on 18 November 2914 who concluded that the decision was correct, despite the fact that the second employment was paid in cash and the sponsor had submitted HMRC evidence showing how much he earned from the second employment in 2012-2013. The Rules required that the entire net amount was paid into the sponsor's bank account.