TODMATT wrote: ↑Wed May 12, 2021 1:24 pm
Could you post the full refusal letter?
Web
Our Ref Date
www.gov.uk/ukvi
Your human rights claim in an application for entry clearance made on 17/03/2021 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 faithfully
Xxxx
Entry Clearance Officer New Delhi
The Decision
On 17/3/21 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 xxxxxx.
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-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
Under paragraph EC-P.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 do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1. to 2.10. because:
You state that you met your sponsor when she came into your mobile shop in India in 2019 and you started to chat. Your relationship grew from this moment onwards. While I acknowledge the statements provided from you and your sponsor regarding the history of your relationship, the documents submitted with your application do not confirm that you have met. It is reasonable to expect to see photos of the two of you together to confirm that you have met one another.
Without evidence to show that you have met, I am not satisfied that you are seeking entry to the UK to enable your marriage/civil partnership to take place. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.
Eligibility Financial Requirement
You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. because:
The documents submitted with your application would indicate that your sponsor is claiming to be exempt from meeting the income threshold because she is in receipt of Personal Independence Payment.
You have submitted a letter issued by the Department for Work & Pensions dated 20/8/20. That letter confirms that your sponsor is in receipt of Personal Independence Payment at the rate of £356 a month. You have also provided personal bank statements which demonstrate the payment of that benefit on a four-weekly basis. I am therefore satisfied that your sponsor is exempt from meeting the income threshold.
However, you are still required to demonstrate that there is adequate maintenance available to you in accordance with paragraph 12A of Appendix FM-SE of the Immigration Rules.
Paragraph 12A also states that the following must be provided:
However, you have not provided any evidence of your sponsor’s monthly housing costs.
In the absence of evidence of your sponsor’s accommodation costs, I am unable to assess whether your sponsor’s income is at least equal to the income support rate for an equivalent sized family after the deduction of accommodation costs. Therefore, I am not satisfied that you have demonstrated adequate maintenance. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.3)
In addition to the above, I have seen no evidence of any accommodation available to either you or your sponsor. I acknowledge the council tax documents provided, but these alone do not confirm the size of the property and the monthly rental costs. I am therefore not satisfied that you will be adequately accommodated without recourse to public funds. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.4)
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances
We have also considered your application under paragraph GEN.3.2 of Appendix FM. We have concluded that there are no exceptional circumstances in your case, which would render refusal a breach of Article 8 of the ECHR because it would result in unjustifiably harsh consequences for you, your partner, a relevant child or another family member.
You have told us that your sponsor has both physical and mental illnesses and I acknowledge the documents provided in support of your application regarding this. In particular, I acknowledge the letter from Dr xxxxxxxx GP at xxxxxxxx Medical Practice, dated 24/9/20, that fully explains your sponsor’s current medical condition. You state that you wish to care for her like your wife. While your sponsor states in her covering letter that she needs your support, the documents before me do not confirm the current arrangements that your sponsor has in the UK for her day-to-day care and support. I note that your sponsor is currently employed part-time by Tesco and has a 15-year-old daughter. The documents before me therefore do not clearly set out any exceptional circumstances that would warrant a grant of entry clearance outside of the Immigration Rules.
“(f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or
will live if the application is granted.”
Refusal under the Partner Rules
In 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.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.
NEXT STEPS
Your 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 advice you must do so now.
IMMIGRATION HEALTH SURCHARGE
If you have paid the Immigration Health Surcharge it will be refunded. You may need to pay again if any appeal is successful.
https://www.homeofficesurveys.homeoffic ... sasurveyuk
Moderator edit: Name removed to protect identity. 
Walker.