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This is the Appellant�s appeal against the decision of Judge Upson made following a hearing at Bradford on 24 th May 2013.
The Appellant is a citizen of India born on 11 th March 1947. She applied to come to the UK to join her husband Mr Gurdip Singh who had gone to the UK in 1991 and he obtained indefinite leave to remain in 2010. No application was made for her to join him at that stage because it was known that she would not be able to meet the English language requirements. The Appellant became 65 in March 2012 at which point she became exempt.
The central issue in this appeal is when she made her application to join the Sponsor. The facts are not in dispute. The Appellant submitted an online application on 6 th July 2012 three days before the changes in the Immigration Rules. She was then given a reference number which was valid for 28 days and told that within that period she could book an appointment and pay the fee. The fee was paid two weeks later on 19 th or 20 th July.
The Appellant was refused under the new Rules on the grounds that the Entry Clearance Officer was not satisfied that the Appellant�s relationship with the Sponsor was genuine and subsisting nor that she could meet the maintenance requirements.
The judge found that the Appellant had applied in person on 19 th /20 th July and agreed with the Entry Clearance Officer that the appeal should fail on both counts.
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