VA318352012

This is an appeal by the Entry Clearance Officer against a decision of the First-tier Tribunal (Judge Holder) which allowed the claimant�s appeal against a refusal to grant her entry clearance as a visitor under para 41 of the Immigration Rules (HC 395 as amended).

For convenience, hereafter I refer to the parties as they were before the First-tier Tribunal.

The appellant is a citizen of Kenya who was born on 11 October 1986. On 26 June 2012 she married a British citizen, Nigel Davies in Kenya. On 16 July 2012, she made an application to visit her spouse in the UK. On 6 August 2012, the ECO refused the appellant�s application. He did so on the basis that he was not satisfied that the appellant was a genuine visitor who intended to leave the UK at the end of her visit and so she had not established that she met the requirements in para 41(i) and (ii) of the Rules. The ECO�s reasons were as follows:

�You state you seek entry clearance to visit your spouse for 6 months. You have provided evidence you married your spouse, a British citizen, on 26/06/2012. Whilst I accept your sponsor intends to fund your visit, it is your intentions and circumstances I must consider when assessing your application for entry clearance.

You are currently unemployed and dependent on your sponsor to support you in Kenya. You have no property, no assets and no income. You state you intend to visit for 6 months, the maximum allowable time on a visit visa; however you have provided nothing with your application to suggest you have any reason to leave the UK, particularly as your newly married husband resides permanently in Gwent.