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The appellant, a citizen of Pakistan born on 17 November 1986, appeals, with permission, against a decision of Judge of the First-tier Tribunal Thomas who in a determination promulgated on 3 September 2013 dismissed the appellant's appeal against a decision of the Secretary of State made on 18 March 2013 to refuse him leave to remain as a spouse.
The appellant entered Britain as a student in June 2010 and received an extension of stay as a student until 2013. He married the sponsor, Ms Sejala Shah on 30 May 2012 and on October 2012 applied for an extension of leave as a spouse. His wife is a British citizen of Indian descent who was a Hindu but converted to the Muslim religion when she married.
The appellant�s application was refused on three grounds under the provisions of paragraph R-LTRP 1.1. It was alleged that he did not meet the requirements of E-LTRP 2.2 as he had been in breach of the immigration laws because he had worked while a student for more than the twenty hours permitted week. He was also refused on the basis that it had not been shown that the sponsor had a sufficiently high income - �18,600. Finally he was refused on the basis that he did not have the appropriate English language certificate.
Judge Thomas found that the appellant met the English language requirements and furthermore that the financial requirements of the Rules were met. She found that the appellant had on a number of occasions taken employment in excess of the permitted twenty hours and therefore found that he had breached the conditions of his student visa. On that basis she found that the appellant could not meet the requirements of the Rules.
She went on to consider the appellant's rights under Article 8 of the ECHR, applying the relevant structured approach. She considered that the appellant had established family and private life in Britain, that his removal would be an interference with the exercise of those rights but that the interference would be both in accordance with the law and necessary in a democratic society in the interests of national security and public safety or the economic wellbeing of the country.
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