OA001012015

The application for permission to appeal was made by the Entry Clearance Officer. Nonetheless I shall refer to the parties as they were termed before the First-tier Tribunal.

The appellant is a citizen of Nigeria born on 3 July 1973 and he appeals against a decision dated 21 November 2914 to refuse him entry clearance as the spouse of a person present and settled in the United Kingdom, that being Kila Bubb.

His application was refused on the basis that he had previously presented two visa applications on 8 May 2012 and 8 November 2012 giving his wife's names as Rosemary Okoh. There was an absence of a divorce certificate and his marriage to the sponsor was not valid as he was not considered free to marry. Further he was not exempt from the English language test and had not provided a relevant certificate.

The appellant explained he had lived in a traditional relationship with Rosemary Okoh but the bride price was never paid so the marriage was never formally legalised. He produced a customary court order dated 21 December 2012 to show a dissolution of the relationship. The appellant maintained that he had sent an original degree certificate but this had been lost. He sent in a police report reporting it lost in transit on 18 December 2014.

The appellant's sponsor stated they were expecting their first child on 16 March 2015 and she had always maintained that the house and mortgage, and, if her husband arrived he would seek work whilst she was on maternity leave. Letters and medical reports about the pregnancy were produced which confirmed she was experiencing some complications and under a neurologist for migraine seizures. She was unable to cope without the support of her husband owing to the complications of her health and pregnancy.