OA093332014

The appellant appeals with permission against the decision of First-tier Tribunal Judge Stuart P J Buchanan promulgated on 16 June 2015, dismissing her appeal against the decision of the respondent to refuse her entry clearance to the United Kingdom as the spouse of a person present and settled here.

The appellant is married to Mr Abdullah Rahman ("the sponsor"), who is settled in the United Kingdom. She sought permission to join him here on the basis that she met the requirements of Appendix FM of the Immigration Rules. It is a part of her case that, as at all material times the sponsor was in receipt of Disability Living Allowance ("DLA"), it was not necessary for her to show that his earnings in the United Kingdom were at or above the minimum threshold of £18,600 as established in paragraph E-ECP.3.1.(a) of the Immigration Rules because she is a person to whom E-ECP.3.3 applies.

The appellant was, however, required to show that there would be adequate maintenance and accommodation available for her and her husband; this evidence had to comply with Appendix FM-SE of the Immigration Rules. It is said that the sponsor's income from DLA, Working Tax Credits and employment together with the fact that he was living in rent-free accommodation, showed that he could maintain and accommodate his wife.

(i) the appellant had failed to substantiate the income from Working Tax Credit because:

(a) documentation from the Department for Work and Pensions ("DWP") confirming receipt of benefit in the twelve month period prior to the date of application had not been submitted; and