Permission to appeal was granted on all grounds by First-tier Tribunal Judge Beach on 18 September 2023. Her reasoning was as follows: c. In relation to Ground 3, the Judge properly considered all aspects of the Appellant’s private life and immigration history when considering proportionality under Article 8 and reached a conclusion to which he was entitled to reach. It is not clear to me when, but the Appellant then married her now ex husband (who is not the father of her children, to whom she was not married). She considers that she divorced her husband physically in 2006 when she came to the UK, and legally in 2016. The Appellant did not ever work in the Philippines. The FTT Decision is very short. Before turning to that, it is therefore necessary to set out the essence of the Appellant’s case. Her evidence, as set out in her witness statement, can be summarised as follows.

The Appellant accordingly contended in her application and her appeal to the FTT that she had been in the UK for 17 years (at the date of the hearing before the FTT) and would face very significant obstacles to her reintegration into the Philippines and is thus entitled to leave pursuant to paragraph 276ADE(1)(vi) of the Immigration Rules, or, alternatively outside of the Rules pursuant to Article 8 ECHR. Mr Krushner placed the least emphasis on this ground in his oral submissions, and I consider he was right to do so. The Judge has plainly taken into account the length of time for which the Appellant has been here in para. 10. Indeed, he records expressly in that paragraph that she has been here since 2006. This ground is accordingly predicated on a misreading of the FTT Decision and is rejected. The decision of the First-tier Tribunal involved the making of an error of law and is set aside. The appeal is remitted to the First-tier Tribunal to be decided de novo by a Judge other than First-tier Tribunal Judge Sweet.

The Appellant was close to her mother, who was a British citizen, as was her mother’s husband. It is unclear to me on what basis her mother was a British citizen, but I assume that the Appellant has sought the necessary advice to ensure that she did not either acquire British citizenship by descent when she was born, or is otherwise entitled to it.

By Ground 1, the Appellant challenges the adequacy of the Judge’s reasons in relation to the rejection of her claimed reasons for not having claimed leave to remain earlier than she did. I do not accept that the Judge’s reasons were inadequate in this respect. The Judge’s reasons for rejecting the Appellant’s claimed reasons for not applying for leave before she did are clear, namely that the Appellant not only overstayed but she then also engaged in illegal employment. To the extent that this is a challenge to the cogency of the reasons, I also do not consider that this reasoning is perverse. The Appellant’s illegal overstaying and working for a very long period of time indicates a disregard for the Rules, which in turn damages the credibility of her claim to have been seeking to abide by them. The Appellant came to the UK on 19 February 2006 with her mother. The Appellant came on a visit visa. Sadly her mother died that same year whilst they were in the UK, and, it would appear on that basis, the Appellant’s visa was extended until 9 March 2007. She has overstayed ever since. Whilst here, she has worked as a domestic worker and is engaged in other voluntary activities, including through her church. Ingredients: Maize, Naked oats, Poultry meat meal, Barley, Beet pulp, Brewers yeast, White fish meal, Dried egg, Poultry fat, Vitamins and minerals, Whole linseed, Glucosamine 350mg/kg, Chondroitin sulphate 150mg/kg, MSM 50mg/kg Chances are you probably know all there is to know about Chemist Direct, but if you don’t then here’s a little more detail about them.While the 'mixing bowl' composition is useful for knowing what went into the food, it doesn't always reflect what your dog is actually eating. This is because the processes that turn the ingredients into the finished pet food can significantly alter the relative weights of the ingredients. However, in any event, the reason that she overstayed, as opposed to the fact that she did so, and for such a long time was not in my judgment part of the Judge’s reasoning in relation to her Article 8 claim. It is not relevant to the questions to be answered in the determination of entitlement under paragraph 276ADE(1)(vi) and does not feature in para. 9 for that reason, and in para.10, dealing with Article 8 outside the rules to which it might possibly have a tangential relevance, the manner by which the Appellant came to be in the UK unlawfully is not mentioned. Rather, the fact that her private life has been built up during periods of precarious, and then no leave, is what the Judge took into account. Field & Trial Light & Senior is a complete working dog food specially developed and formulated for senior dogs, those with lower energy requirements and adult dogs who are prone to weight gain.

She is estranged from her ex-husband, and came to the UK in 2006. She has two sons, aged 29 and 33, who live with their father in the Philippines, and she also has one sister there, who has her own family, although the refusal letter refers to two sisters in that country. I do not consider that there would be very significant obstacles to her integration into the Philippines on return, because that is the country where she has spent most of her adult life, and she confirms that she still has family relations in that country. a. In relation to Ground 1, the Judge gave adequate reasons, namely that the Appellant was working illegally in the UK and has received the support of friends. I did not accept the appellant’s evidence that she had not made an earlier application for leave to remain because of difficulties with the dates on her respective passports, or that she had insufficient funds for such an application. She has not only over-stayed her visa, but has also been working in a child-minding/domestic capacity, contrary to the Rules. She has blatantly ignored the Immigration Rules of the UK, and now attempts to remain in the UK on the basis of her evidence, which is as follows. I do not accept that it would be disproportionate for her to return to the Philippines, or that it would be a breach of her Article 8 ECHR rights. She has been in the UK since 2006, and has provided a supportive letter from her church dated 10 April 2023, (subsequent to an earlier letter dated 26 January 2022), but this is not sufficient to support a claim for leave to remain in the UK on the basis of her private life outside the Immigration Rules. I take into account Section 117B of the Nationality, Immigration and Asylum Act 2002, that little weight should be given to a person’s private life when their leave is precarious, or since her leave expired in 2007, unlawful. I accept that she can speak the English language, and she appears not to have sought the use of public funds, because she is working illegally in the UK, and has received the support of friends, but I do not consider it would be disproportionate for her to be removed from the UK so that she can resume her life in the Philippines.”c. Ground 3: The Judge has failed to take into account the fact that the Appellant has been in the UK for 17 years. With a formulation that includes reduced levels of fat and protein, Light & Senior is an ideal diet for any dog that needs dietary support (in addition to exercise and other lifestyle management!) to maintain a healthy weight and body condition. This diet can be fed both in meals and as treats as a holistic weight management strategy using its specially shaped kibble to help hunger stay away. Field & Trial Light and Senior is a complete working dog food. This dry food recipe has been specially developed and formulated for any dog that requires a less energy dense diet. Typically, these dogs are older or less active dogs and those who may be predisposed to weight gain! With a formulation that includes reduced levels of fat and protein, Light and Senior is an ideal diet for any dog that needs dietary support (in addition to exercise and other lifestyle management!) to maintain a healthy weight and body condition and can be fed both in meals and as treats as a holistic weight management strategy.