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This is an appeal by the Secretary of State against the decision of the First-tier Tribunal allowing an appeal by the present respondents, who I will call the claimants, against a decision of the respondent to refuse them leave to remain as a Tier 1 (Entrepreneur) Migrant or dependant as the case may be. The appellants are members of the same family, the first two appellants are married to each other and the third appellant is their daughter.
Their application for permission to extend their stay was refused because the Secretary of State found that they had not satisfied the requirements of the Rules relating to third party sponsorship. The Rules relating to leave to remain as an entrepreneur are proving extremely complex and people are making mistakes. A mistake was made in this case because a document proving third party funds and a document proving that the other document was correctly signed was conflated on to the same document and this, according to the Secretary of State, did not meet the requirements of the Rules.
The First-tier Tribunal disagreed but I am wholly unpersuaded by the reasons given in the determination or in submissions before me. The Rule appears at paragraph Rule 41 - SD(b) and its material parts require:
(i) an original declaration from every third party that they have made the money available for the applicant to invest in a business in the United Kingdom, and
(ii) a letter from a legal representative confirming the validity of signatures on each third party declaration subject to certain qualifications.
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