5 year Cap/Academic Progression

Hello I am Judah. this is my case.

On 21/09/2011 i was granted tier 4(General) leave to study an undergraduate course. this leave ran up until 31/10/2014.

I However failed my final year and was unable to achieve the undergraduate degree. I left the UK 4/07/2014
I waited a year and i now wanted to complete my final year.
I was accepted onto year 2 of the same degree at a different HEI (University) commencing 21/09/2015 and ending on 4/07/2017
When i applied for my CAS i was rejected on the grounds that the CAS would run over the 5 year cap including days before and after the course had finished.
The University also made the case that i was unable to prove academic progression as i have completed years 2 and 3.
Is academic Progression shown if i am returning to completed a level of study that i was not able to achive during my 1st CAS leave?
Were the University wrong in concluding that i will overrun the 5 year cap if i study a further 2 years based on the dates i have provided?
thank you all
Judah

Judah_smith wrote:Is academic Progression shown if i am returning to completed a level of study that i was not able to achive during my 1st CAS leave?

No, but academic progression is not an required if you are making your Tier 4 application outside the UK, which I assume you are.

Judah_smith wrote:Were the University wrong in concluding that i will overrun the 5 year cap if i study a further 2 years based on the dates i have provided?

Yes. They must be counting the +4 months of your new course to get a total of 5 years 2 months. But even then, if they are a Higher Education Institution you can still be sponsored under paragraph 5.53(1) of the Sponsor Guidance:

5.53 If the length of the course applied for in the current application would lead to the applicant having spent more than the maximum period permitted in the category, UKVI will refuse the application unless the application is to study a new course or complete a current course within 11 months of the time limit being reached, and ...

...the student is applying to study a course being taught by an HEI which is also sponsoring the student, and the strict application of the five-year time limit would prevent them from completing a fifth academic year at degree level or above.

https://www.gov.uk/government/uploads/s ... Duties.pdf

sah10406 wrote:No, but academic progression is not an required if you are making your Tier 4 application outside the UK, which I assume you are.

They have stated that i do not fulfil academic progression rules as i studied the full 3 years but failed to achieve the undergraduate degree as i failed the last year.Are they correct saying that studying year 2 before completing year 3 and achieving an undergraduate degree does not show academic progression?

Judah_smith wrote:They have stated that i do not fulfil academic progression rules as i studied the full 3 years but failed to achieve the undergraduate degree as i failed the last year.Are they correct saying that studying year 2 before completing year 3 and achieving an undergraduate degree does not show academic progression?

I can only repeat myself. There are no academic progression rules for a Tier 4 application made outside the UK. The Sponsor Guidance I linked previously confirms this at para 5.23:

5.23 A student does not need to show academic progression if:
... (c) they are making a Tier 4 (General) application overseas;

Hello

I have got a question about progression that I have failed my final year at the University. Will I be able to get into another University in UK to continue my education degree ( Bachelor degree) in UK? or even would it be possible to change to different major in bachelor degree. One of the University mentioned on my application that :"You do not meet the UKBA progression criteria which states that International Students studying in the UK must show clear academic progression and progress from one level of study to the next level – study at the same level of study is not permitted." Please give me any suggestions,I really want to graduate from university in UK.

Universities in the UK in light of the sponsor guidance are being considerably more careful now in issuing CAS's to students whom have failed Level 6 or Level 7 and applying for the same level.

Judah_smith wrote:One of the University mentioned on my application that :"You do not meet the UKBA progression criteria which states that International Students studying in the UK must show clear academic progression and progress from one level of study to the next level – study at the same level of study is not permitted." Please give me any suggestions,I really want to graduate from university in UK.

As advised earlier in this topic, since 10 August 2015 it is perfectly okay for a university to issue a CAS to someone who does not have academic progression, as long as they make their Tier 4 application outside the UK.

If you had that response before 10 August 2015, you may wish to get back to them and ask them if they will sponsor you in the light of the new guidance.