OA160092014

Mr Bajwa submitted that the Sponsor is exempt from the requirement to satisfy the minimum income requirement of £18,600 set out in the poast 2012 Immigration Rules and that this is determinative of the appeal. He relied on E-ECP.3.3(a) of Appendix FM and pointed out that the Sponsor is in receipt of carer's allowance and so is exempt from that requirement. As First-tier Tribunal Judge Fisher pointed out when refusing permission to appeal, though, that is not the issue. The issue is that identified at [14] of the Decision as follows:-

Paragraph E-ECP.3.3(b) provides that in addition to demonstrating exemption by showing receipt of the relevant allowance the applicant "must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse of public funds".

I also directed Mr Bajwa's attention to calculations which appear on the file which appear to set out the Sponsor's income. Mr Bajwa did not dispute those calculations. Indeed they appear to be the calculations which he presented to Judge Callow. Those show that the Sponsor is in receipt of a weekly figure of £185.38 broken down as follows:-

"Child benefit £20.70 Carers allowance £62.10 Child tax credit £57.58 Income support £45"

Mr Kotas accepted that it would have been preferable for the Judge to have set out the Presenting Officer's calculations with some detail of what was meant by "woefully short". He pointed out however that the burden is on the Appellant to show that the Sponsor has adequate funds available to her to maintain him, herself and her other dependants. He referred me to the income support figures which are generally viewed as a yardstick for the adequacy of maintenance and which would apply on the facts of this case. Those are:-