OA014912013

The appellant appeals to the Upper Tribunal from the decision of the First-tier Tribunal dismissing her appeal against a decision by an Entry Clearance Officer to refuse her entry clearance as the spouse of a British national. The First-tier Tribunal did not make an anonymity order, and I do not consider that such an order is required for these proceedings in the Upper Tribunal.

Her sponsor was a self-employed businessman trading as �Ajaz Valetting.� He had been engaged in this business activity since 15 July 2011.

On 15 November 2012 an Entry Clearance Officer in Islamabad gave his reasons for refusing the appellant�s application. Firstly, he was not satisfied that the appellant was eligible for entry clearance as a partner. She had not provided the only acceptable evidence of a United Kingdom divorce, which was a decree absolute. So he was not satisfied that her sponsor�s previous relationship had broken down, and they were able and genuinely intended to marry in the UK.

Secondly, her sponsor was not exempt from the financial requirements as defined by paragraph E-ECP.3.3. In order to meet the financial requirements of the Rules, her sponsor�s income from self-employment and other income in the last full financial year, or as an average of the last two financial years, needed to be at least �18,600 per annum.

She said that her sponsor�s gross income before tax in the last full financial year as Ajaz Valetting was �16,098. She also said that her sponsor received a rental income in the past twelve months of �6,000 before tax. But she has not submitted all the required documentation listed in Appendix FM-SE to demonstrate either her sponsor�s rental income or his income from self-employment in the past twelve months. So her application was refused under paragraph EC-P.1.1(d) of Appendix FM of the Rules.