OA125842012 & ors

There are a total of eight appellants in this case. They are all members of one family. They and are the wife and children (as the case may be) of their sponsor, Mr A.

They applied for entry clearance to the United Kingdom as the dependant relatives of their sponsor. The applications were refused for a variety of reasons including things that were discreditable. They appealed to the First-tier Tribunal and, in a detailed and considered determination, the First-tier Tribunal Judge ruled in the appellants� favour on the disputed points. The respondent has not challenged those findings.

The First-tier Tribunal was particularly interested in the fact that, for the purposes of tax law, the sponsor was described as �not resident and not ordinarily resident� in the United Kingdom. The phrase �not ordinarily resident� is particularly significant because it is a requirement of the Immigration Rules if they are read carefully that the sponsor is ordinarily resident in the United Kingdom (see below HC395 rule 6 �settled in the United Kingdom� (b)(i).)

I agree with Ms Everett for the respondent that the sponsor�s status for tax purposes was a wholly pertinent avenue for enquiry in determining whether or not the sponsor was ordinarily resident in the United Kingdom for the purpose of the immigration rules.

In order to be �settled� a person must be entitled to be in the United Kingdom (which this sponsor certainly is, he is a British national), and ordinarily resident there without falling foul of certain conditions that do not apply in his case.