OA151462013

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

At paragraph 3.21 the appellant certified that her sponsor�s annual income before tax from his current salaried employment met or exceeded the financial requirement that she had to meet.

The appellant�s appeal came before Judge Mark Eldridge sitting at Hatton Cross in the First-tier Tribunal. Although the sponsor was present at the hearing, Mr Shaw informed the judge that he did not wish to call any evidence. In his subsequent determination, Judge Eldridge acknowledged that the appellant had now provided her husband�s payslip for the most recent month, namely March 2013. She had thus now shown that her husband�s total gross earnings were �8,847.50 over six months. This equated to an annual figure of �17,695, which represented a shortfall of �905.

The judge went on to consider whether the shortfall could be made up for by savings. He answered this question in the negative. He concluded at paragraph 18 as follows:

The appellant has failed to show she can meet the requirement of the Rules. Even if the missing documents could be overlooked, which they cannot, the income required is more than �900 short and the savings inadequate. The appeal must fail. The appellant cannot meet the financial requirements of Appendix FM.