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The Appellant is a national of the United States of America born on the 20 th February 1965. He appeals with permission [1] the decision of the First-tier Tribunal (Judge RBL Prior) to dismiss his appeal against a decision to refuse to grant him entry clearance for the purpose of settlement.
The Respondent considered the application under Appendix FM. It was found that the Appellant could not meet the eligibility requirements because he was not a "partner". GEN 1.2 defines that term as being limited to a spouse, a civil partner, a fiancé, or at (iv):
"a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of decision"
Since the Appellant and Ms Davis had failed to demonstrate that they had been living together "at any time apart from during [his] visits to the UK" he was not a "partner" [2] .
When the matter came before the First-tier Tribunal the Appellant submitted that the application could and should have been considered under paragraph 295A of the Immigration Rules:
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