Dear XXXXXXX
Your human right claim in an application for entry clearance made on 29/01/2018 is refused.
What this means for you
You can appeal this decision. Instructions on how to appeal are in the next steps section of this letter.
The reason for this decision are set out on the next page.
Your sincerely, KB Sheffield Visa Section
Reasons for refusal
On 29/01/2018 you made an application for entry clearance to the UK under Appendix FM to the immigration rules on the basis of your family life with your partner XXXXXXXX.
Your application has been considered under those rules, and with reference to Article 8 of the European convention on human rights(ECHR). The relevant immigration rules can be viewed on gov.uk here:www.gov.uk/guidance/immigration-rules.
This decision takes in to account as a primary consideration of the best interest of any relevant child in line with section 55 of the borders, citizenship and immigration act 2009.
We have considered your application under paragraph EC-P.1.1 of Appendix FM. However, you do not qualify for entry clearance under the 5 year partner route for the following reasons.
Suitability
Your application does not fall for refusal on grounds of suitability under section S-EC of Appendix FM.
Eligibility
You meet the eligibility requirements of section E-ECP of appendix FM.
Eligibility Relationship requirements
You meet the eligibility requirements of paragraphs E-ECP.2.1 to 2.10.
Eligibility Financial requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1 to 3.4. because you have stated in your visa application form that you meet the financial requirement through CAT A. I am not able to take in to account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of Appendix FM your sponsor needs a gross income of atleast 18,600 per annum. You state that your sponsor is employed by xxxxX Since 23/10/2017 and earns an annual salary of 48,000 pounds. As evidence of your sponsors employment you have submitted an employment letter, wage slips dated octorber 2017 to January 2018 and one months bank statement dated November 2017.
The immigration rules state that in respect of salaried employment in the UK, all of the following evidence must be provided
(http://www.ukba.homeoffice.gov.uk/polic ... ndix-fmse/):
(a) payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for atleast 6 months (and where paragraph 13(b) of this appendix does not apply; or (ii)any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months(or atleast 6 months but the person does not rely on paragraph 13(a) of this appendix), or in the financial year(s)relied upon by a self employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:(i) the persons employment and gross annual salary;(ii) the length of their employment;(iii)the period over which they have been or were paid the level of salary relied upon in the application; and (iv)the type of employment(permanent, fixed-tern contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a),showing that the salary has been paid in to an account in the name of the person or in the name of the person and their partner jointly.
You have not submitted bank statements dated October, December 2017 and January 2018. You have therefore failed to provide the required documents relating to your sponsors employment. These documents are specified in the immigration rules in Appendix FM-SE and must be provided. I there fore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the immigration rules (E-ECP.3.1)
Eligibility English Language Requirement
You do not meet the eligibility English language requirement of paragraphs E-ECP .4.1. to 4.2 because you are not exempt from the English language requirements under paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking country listed in paragraph GEN 1.6.
You state you meet the English language through your degree from the university of madras. You have not provided evidence to show your qualification is recognized by NARIC UK to be equivalent to the standard of a bachelor's or master's degree of Phd in the UK, which was taught in English. I therefore refuse your application under paragraph EC-P.1.1(d) of appendix FM of the immigration rules. (E-ECP.4.1)
Note : i did submit NARIC certificate showing Bachelors (Honors) degree with C1 language qualification
Exceptional Circumstances
We have considered, under paragraphs GEN 3.1 and GEN 3.2 of appendix FM as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN3.3 of appendi FM, the best interest of any relevant child as a primary consideration.
However, based upon the information and/or evidence you have provided we are satisfied that the minimum income requirement is not met, and we have decided that you do not meet the financial requirement under paragraphs E-ECP.3.1. to E-ECP.3.4. of Appendix FM.
We have also considered your application under paragraph GEN.3.3 of appendiz FM. We have concluded that there are no exceptional circumstances in your case which would render refusal a breach of Article 8 of ECHR because it would result in unjustifiably harsh consequences for you, your partner, a relevant child or another family member.
Based on the information you have provided we have decided that there are no such exceptional circumstances in your case.
Refusal under the partner rules
In the light of the above, your application is refused under paragraph D-ECP.1.3 of appendix FM with reference to paragraph EC-P.1.1.(d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under appendix FM.
Compassionate factors
You do not fall for a grant of entry clearance outside the immigration rules on the basis of compassionate factors
We have decided that, based on the information you have provided, there are no compassionate factors in your case that warrant a grant of entry clearance outside the immigration rules.
Next steps
Right of Appeal
You have 28 days from the date you receive this decision to appeal. Information on how to appeal. the appeal process and the fees payable are all available online at:
https://www.gov.uk/immigration-asylum-t ... ide-the-uk
if you want to seek legal agice you must do so now.
IHS Payment
If you have paid the immigration health surcharge it will be refunded, You may need to pay again if any appeal is successful.
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