• Your application also falls to be refused under the Immigration Rules because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE.
You have stated on your application form that you wish to rely on your sponsor’s self-employment. You have stated that your sponsor’s income from self-employment during the last financial year was £19,760. In support of your application your sponsor’s tax return states that the net profit for the year April 2014 to April 2015 was £9,414. The accounts which you have provided state that your sponsor’s net income for 2015 has been £7,356 and for 2014 was £8,940. Given this, I am not satisfied that you have met the financial requirements; your sponsor would need to have earned a minimum of £18,600 during the last financial year.
• Your application for entry clearance under Appendix FM is refused because you do not meet the financial threshold as required under Appendix FM, or the related evidential requirements under Appendix FM-SE. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.3.1)
English Language Requirement
• Met
I have considered your rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the Immigration Rules are deemed to be compliant with human rights legislation. Although you may have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control.
It has also been considered whether your application raises any exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the Immigration Rules.
You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of entry clearance outside the rules.
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
• Because your application has been refused, if you have made a Health Surcharge payment in relation to this specific application for a visa/entry clearance, this will now be refunded automatically. The refund will be made to the card used to pay the Health Surcharge. You should note that you may be required to make a fresh Health Surcharge payment with any fresh application or if any appeal against this decision is successful. If you were liable to make a Health Surcharge payment and did not do so, you should ensure that a payment is made in any future application you make in the same category. Failure to make this payment may result in any future application being delayed or refused.
