OA126232014

The appellant is a national of Nepal called Dipendra Shrestha whose appeal is OA/12623/2014. He was born on 4 February 1988 and applied on 21 August 2014 for entry clearance. The Judge of the First-tier Tribunal classified that as entry clearance as the spouse of the sponsor but that does not entirely encapsulate the nature of the application. The applicant made an application under paragraph 194 of the Statement of Changes in the Immigration Rules and those provided:

"194. The requirements to be met by a person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom ... are that:

(iii) each of the parties intends to live with the other as his or her partner during the applicant's stay and the relationship is subsisting".

Although there are also accommodation requirements, it is accepted that those accommodation requirements are met and the only issue related to the question as to whether or not the parties intended to live with each other during the applicant's stay. At the material time it appears that the applicant's stay was valid until 4 April 2015 but was subsequently extended until a date sometime in this year.

For these reasons I consider that the First-tier Tribunal Judge was wrong in her approach to the statutory regime that she was meant to apply. All that the appellant had to establish was that, during the relatively short period of the applicant's stay, they were going to live together and it was entirely speculative to consider that the application was a fraudulent one.