Your human rights claim in an application for entry clearance made on 20/08/2020 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 reasons for this decision are set out on the next page.
Yours sincerely,
ECO MH Sheffield Visa Section
REASONS FOR REFUSAL
ROA
On 20/08/2020 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 child.
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 into account as a primary consideration the best interests 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-PT.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
Under paragraph EC-PT.1.1.(d) you do not meet all of the eligibility requirements of
Section E-ECP of Appendix FM for the following reasons:
Eligibility Relationship Requirement
You meet the eligibility relationship requirement of paragraphs E-ECPT.2.1. to 2.4.
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECPT.3.1. to 3.2.
You have not provided evidence which shows that there will be ‘adequate’ maintenance
for yourself and any dependants without further recourse to public funds.
The following formula has been used to calculate the income available to maintain you
and your dependants in the UK, taking into account your projected income and your
accommodation costs:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
A is net income (after deduction of income tax and National Insurance contributions);
B is housing costs (i.e. what needs to be spent on accommodation); and
C is the amount of Income Support that would be received by a British family of
equivalent size.
Using the figures provided in your application, as listed above, the formula has been
completed as follows:
A £113.79 – B (Not Known) = (Not Known)
In order to meet the requirement of adequate maintenance, your net weekly income after
housing costs have been deducted must be greater than or equal to £142.62. However,
you have not provided evidence to show how much rent and council tax you will be
paying therefore it has not been possible to complete the formula above. You state that
you will initially live with your friend in London before eventually moving to rented
accommodation in Bristol. However, you have not provided any evidence of the
accommodation you intend to live in Bristol or any evidence of how long it will be
before you do eventually do move to Bristol.
I note that you have provided evidence of cash savings and a summary of all the cash
savings you hold, and the cash savings of other family members. You cannot rely on third-party support, therefore only the cash savings in your name have been taken into
account. I also note that some of the fixed deposits you have listed have not been held
for at least 6 months prior to the date of your application, therefore these have not been
used when calculating your net cash savings.
Given the above I am satisfied that the adequate maintenance requirement for you and
your dependant is not met. Please note that even if all your stated funds were taken into
account you would still not meet the adequate maintenance requirement as you have not
evidenced how much your accommodation costs will be once you are in the UK.
I also note that you intend to work in the UK. Paragraph 4.1. of the Immigration Rules
lists permitted income sources:
The following sources of income of the applicant (in respect of employment or self-
employment, only if they are in the UK with permission to work) or (as appropriate)
their partner, parent, parent’s partner or other sponsor can be counted where an
application under Appendix FM has to meet the adequate maintenance requirement:
Income from salaried or non-salaried employment.
Non-employment income, e.g. property rental or dividends from shares.
Income from Working Tax Credit, Child Tax Credit, Child Benefit, income-
related benefits, contributory benefits and benefits/pensions payable to Armed
Forces veterans and their partner.
Cash savings held for at least 6 months prior to the date of application.
State (UK or foreign) or private pension.
Income from self-employment and income as a director of a specified limited
company in the UK.
Income from potential employment in the UK is not a permitted source of income. In light
of all of the above, I therefore refuse your application under paragraph EC-PT.1.1(d) of
Appendix FM of the Immigration Rules. (E-ECPT.3.1)
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECPT.4.1. to 4.2.
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 GEN.3.3. of Appendix FM, the best interests of any relevant
child as a primary consideration.
You have provided no information or evidence to establish that there are any exceptional
circumstances in your case.
Refusal under the Parent Rules
In light of the above, your application is refused under paragraph D-ECPT.1.3. of
Appendix FM with reference to paragraph EC-PT.1.1.(d) and you do not qualify for entry
clearance on the 5-year parent route, or on the 10-year parent route on the basis of
exceptional circumstances, under Appendix FM.