Tier 4 new application after refusal help

Hi everyone,

I made my tier 4 application on august but got rejected on the ground that i exceed my 5 year cap by a month. I aprealed which was not successful and i appealed again against the decision for upper tribunal which was unsuccesful as well.

My college is hesitating to give me a refund although the mistake was on thier behalf and i had done everything right on my side.

My other option is to apply with a new cas which will not exceed the cap. But its been 4 months already , i have been doing nothing but appealing. Will i be successful if i apply with a new cas? I got my permission to appeal to upper tribunal letter rejection yesterday.

Please advice

u have 28 days to put new application after got dismissal from upper tribunal
if you can get new cas which cover 5 years cap then u have 28 days
u got upper tribunal rejection letter yesterday so ur ist day start from today u can put new application till 11th feb 2015

how long upper tribunal took to refuse u permission after getting acknowledgement letter?

provided the complex immigration history you have got. it seems very hard that a college or university will give you admission.

universities and colleges these days are only after students who have got a clean immigration history which means, no break in studies, refusals because of misunderstandings or etc.

given you case where you have been refused from the upper tribunals, and not having a visa at the moment the chances are near to 0.

even after going back and applying will not have good chances because the university or college has to mention about your previous status as a student in uk.

and appealing to the court for a reason where clearly it has been mentioned in the rules was not a good idea. when the policy is very clear about the 5 year rule, i wonder on what grounds did you appeal. your grounds would have most probably been that the college has done the mistake, which is not good enough because you as a student have the responsibility to check the duration of the course and etc. although college is also at mistake and has risked their license but your mistake also comes here, therefore very very hard to get a cas.

and maybe you would have been successful in getting a cas but you wouldn't have an academic progression from the previous college which even makes it hard to get a cas.

Hi guys ,

Thanks for ur replies

I applied for appeal because the agent which works with my college advised me to. He is also an immigration officer. I appealed on the ground that first three papers of acca is not a degree level study. And i argued on that becuase since i was a month over my cap, i thought i would have some valid ground on appeal.

Also, does the responsibility lie with the college or student when a cas is issued? Because has college been more careful i wouldnot be in this situation.

If the same college issues me with new cas but of one year which will fit within my cap year, is it even worth applying.

I am in a dilemma right now becuase even if i decide on leaving uk, it will be another issue getting the refund back when the college will put the blame on me.

Please advice

I doubt very much that your agent is an immigration officer!
If they are then they are taking the Michael out of you big time and no doubt charging for the pleasure.

It is not degree study that you are measued against but all study under tier 4 that is at that level and below upto NQF7.
If your so called immigration officer knew anything about tier 4 they would have told you that....

So your appeal will fail, end of. As fot whose fault the CAS was issued - yours as it is your responsibility to know how many months of study you have completed. If you did not know then how could the college know! An appeal judge does not care whose fault it is perceived to be between you and the college. There is one question, in undertaking this course of study will you exceed the cap - yes - case dismissed.

The college will not offer another CAS to do the course in a year, because they probably dont offer such a course and if they do offer it will almost certainly have an impact on their licence. So forget that idea too.

Appeal by all means just to stay in the UK a bit longer but your immigration history is now against you as far as remaining as a student. I doubt you will find an establishment that is willing to issue a CAS given the cap and your refusal.

Hi there,

I have 17 months left on my cap. College issued me 18 month cas miscalculating my cap. As you know with tougher immigration policies more and more responsibilities lie with the students.

When a college provides u a cas saying u have got time left, do u trust the college or urself. I went with the college thinking they are more wiser on the issue.

I want my refund but person from my college insist me to wait and apply with new cas. They will offer me the same course for 12 months. And it is a course some college do in 18, others in 12. So i dont know who to trust.

Typical third world student problem i guess

Sorry you are just being taken for a ride.
The college will not be on the register for much longer if that is their approach. They just want your money, which they now have. They will know your appeal will fail so why are they encouraging you to go down that route? Because they keep your money, they won't have to teach you and by the time the appeal is dismissed you will be financially worse off and can't afford to recover your fees.
As for your agent - what makes you think they are an immigration officer?
You are being scammed big time.