OA210002013

The Entry Clearance Officer Islamabad appeals to the Upper Tribunal against the determination of the FtT (Judge Moore) which in a determination dated 7 th August 2014 allowed Mr Syed Shah�s appeal against the Entry Clearance Officer�s decision of 8 th November 2013 refusing him entry to the UK as the spouse of Sonia Qureshi.

For the sake of clarity I will refer throughout this determination to the Entry Clearance Officer as �the Respondent� and to Mr Shah as �the Appellant�, which reflects their position as they were before the FtT.

The Appellant applied for entry to the UK and his application fell to be decided under Appendix FM of the current Immigration Rules. The application was refused on two grounds. The first ground, which was that the parties were not in a subsisting relationship, was reviewed by the Entry Clearance Manager and that ground fell away. It was accepted that the relationship between the Appellant and the Sponsor is a genuine one.

The remaining ground of refusal is that the Entry Clearance Officer was not satisfied that the Appellant had submitted the specified documents required to show that he met the financial requirements of the Rules; in particular documents showing that his Sponsor earned a gross income of at least �18,600 per annum.

�The Respondent is correct in stating that the Santander current account for the Sponsor does not show salary paid into that account. However it would not, and could not, since the Sponsor was paid in cash. It cannot be correct that any Sponsor employee who is paid in cash can never in those circumstances satisfy the Rules.�