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The appellant is a Somali national presently living in Kenya. He married his sponsor, Mrs Sacdiya Awaeys Noor, in Kenya on 6 May 2013. She is originally from Somalia and holds British citizenship. She was previously married and has five children. She obtained a divorce in Kenya on 10 August 2012.
He applied for entry clearance to join his sponsor. The application was considered under appendix FM of the immigration rules and was refused on 14 November 2013.
His sponsor is reliant upon State benefits and the bulk of the family income relates to payments in respect of her children. She has a son who has a disability. He receives Disability Living Allowance and the sponsor receives Carer's Allowance.
The entry clearance officer was not satisfied the sponsor was legally divorced and therefore free to marry. Furthermore, it was not accepted that the relationship was genuine, subsisting and the parties intended to live together permanently in the United Kingdom.
The final ground for refusal related to the English language requirement under paragraph E-ECP.4.2. The appellant was not exempt from this and had not passed an English language test from an approved provider.
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