I'm currently on a Tier 4 PBS visa with 2 years remaining on it and planning to switch to a spouse visa (through FLR(M)). We do not currently live together (as I study in a different city) so I'm worried that the application will get refused because we do not currently co-habit (however, we do have plans to live together once I'm done with my education) as well as a substantial age difference between me and my partner. We have known each other for just over 3 years now and have been married for around a year.
I have a few questions about the application process, mainly:
- In case of a refusal on the application (for example, if they're unsure about the genuineness of the relationship), is it likely that HO will revoke my current leave to remain (which has 2 years left on it)?
What are my appeal rights in case of a failed application? I'm concerned that in an administrative review, we will not be able to present any evidence that our relationship is genuine as opposed to a full oral appeal process (which is no longer possible, due to Immigration Act 2014 changes).
Can I still lodge a tribunal appeal based on human rights grounds (rights to family life) in case of a rejection?