ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

tier 4 cap query

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
samiraz
Newly Registered
Posts: 19
Joined: Fri Dec 06, 2013 9:52 am

tier 4 cap query

Post by samiraz » Sun Jan 12, 2014 5:46 pm

Hi,

I am looking to apply for a Masters/ 1+3 PhD. starting in September 2014. I wanted to know if I have completed my 5 years cap already. My previous education history is as follows:

BSc. Hons October 2007- July 2010
MSc. October 2010-October 2011
PSW visa 2012-2014

Based on that I have calculated I still have 12 months before i breach the 5 years cap. My questions is as follows:

- Does the cap include graduation date or does it stop at course end date ?

- Will I be able to apply for another masters because I have 12 months left ?

- If I do a 1+3 Years PhD. Would the cap still apply as there is an additional 1 year ? or will be exempt from cap as i am studying towards a PhD ?


Your help will be really appreciated !

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: tier 4 cap query

Post by sheraz7 » Sun Jan 12, 2014 10:02 pm

Degree level: 5-year cap
Some time limits were introduced on 6 April 2012 for degree level study. Any new Tier 4 application must lead to you spending no more than five years on courses at degree level. All time you have had leave under Tier 4 (or as a pre-Tier 4 student) counts towards the 5 years, except for the short extra time you are given before the course (maximum one month) and after a course (maximum four months).
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

samiraz
Newly Registered
Posts: 19
Joined: Fri Dec 06, 2013 9:52 am

Re: tier 4 cap query

Post by samiraz » Mon Jan 13, 2014 10:29 am

Can you please elaborate on whether i can do another masters ? Thanks

quantum1
Member of Standing
Posts: 304
Joined: Mon Oct 17, 2011 4:31 pm

Re: tier 4 cap query

Post by quantum1 » Mon Jan 13, 2014 10:39 am

If you can get a cas you can
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

Ditima98
Member
Posts: 100
Joined: Wed Sep 04, 2013 10:55 am
Contact:

Re: tier 4 cap query

Post by Ditima98 » Mon Jan 13, 2014 11:32 am

hi samiraz, fear not my friend, I am in a similar situation. You can do a one year MBA. You can also do an MPhil (2 years) or PhD (3 years) because for research programmes such as MPhil and PhD, capping limit is 8 years. Note that Mphil is level 7 but qualify for the capping limit of 8 years because it is a research. See Home Office annex 6 programmes. So you do not have to worry, you will be given a Visa.
ditima

Ditima98
Member
Posts: 100
Joined: Wed Sep 04, 2013 10:55 am
Contact:

Re: tier 4 cap query

Post by Ditima98 » Mon Jan 13, 2014 11:37 am

Do not go for another masters, but go for MBA, MPhil or PhD. If you go for another masters, they will reject based on progression rule. MBA and MPhil is level just as a taught masters, but MBA add value to a masters and MPhil is research programme and hence there is progression.
ditima

shaq1
Member
Posts: 198
Joined: Wed Jan 08, 2014 9:53 am

Re: tier 4 cap query

Post by shaq1 » Mon Jan 13, 2014 11:40 am

quantum1 wrote:If you can get a cas you can
Sometimes getting a CAS is not any problem, lots of Institute do not calculate the cap properly and just issue the CAS or they just issue the CAS not thinking about the outcome.

Anyway samiraz

Please see sheraz7's reply. Problem is in your case sometimes if UKBA calculate you have less than one year on your CAP they will refuse your application, no matter what you are calculating.

You should better go for PHD at that time.

samiraz
Newly Registered
Posts: 19
Joined: Fri Dec 06, 2013 9:52 am

Re: tier 4 cap query

Post by samiraz » Mon Jan 13, 2014 11:46 am

Thanks all for reply.

Ditima98 : I was looking into doing MSc. in Economics. MBA will not suit me in the career I am looking at. Would 1+3 PhD not classify as a academic progression since my masters will form my PhD ?

shaq1: Does the UKBA calculate the 5 year based on my application form ? Because If I am correct based on my previous CAS, I have 1 Year and 2 months left before reaching a 5 year Cap.

shaq1
Member
Posts: 198
Joined: Wed Jan 08, 2014 9:53 am

Re: tier 4 cap query

Post by shaq1 » Mon Jan 13, 2014 11:58 am

samiraz wrote:Thanks all for reply.

Ditima98 : I was looking into doing MSc. in Economics. MBA will not suit me in the career I am looking at. Would 1+3 PhD not classify as a academic progression since my masters will form my PhD ?

shaq1: Does the UKBA calculate the 5 year based on my application form ? Because If I am correct based on my previous CAS, I have 1 Year and 2 months left before reaching a 5 year Cap.
They will check your previous visas and how much time you left for the Cap, and then they will look at your new course's duration on your application. As I mentioned before I know few cases where they calculate students have less time limit for the cap rather than what the student and the institute calculate.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: tier 4 cap query

Post by sheraz7 » Mon Jan 13, 2014 4:50 pm

Apart of degree cap, never forget ACADEMIC PROGRESSION.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

alpha2013
Newbie
Posts: 34
Joined: Fri Feb 08, 2013 12:43 am

Re: tier 4 cap query

Post by alpha2013 » Fri Jan 24, 2014 4:49 am

do they count the appeal period towards 5 year cap ??
. . . .
. . .
. .
.
.

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: tier 4 cap query

Post by smir » Sun Jan 26, 2014 12:29 am

Brothers Please help

Look at my case and guide me whether I am eligible for Tier 4 Extension..

Jan 2005 till March 2012 - Student Visa ( Pre Tier 4 and Tier 4 )

March 2012 till March 2014 (PSW Visa)

Now after using all this time on Tier 4 (Total 7 years 3 months).. Can I put my file extension for Tier 4 ??

ACCA or Mphil or PHD ???

Please guide me Brothers

sheraz7 wrote:Apart of degree cap, never forget ACADEMIC PROGRESSION.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: tier 4 cap query

Post by Olasunkanmi » Sun Jan 26, 2014 3:56 pm

@ smir, from your post you need only 1yr for ILR, I will advice that you apply for PHD programme and if you get refusal which is possible due to 8yrs cap, you can then appeal and during your appeal period you should be near your 10yrs period for ILR.
The key to success is knowledge and hardwork, and to have faith.

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: tier 4 cap query

Post by smir » Sun Jan 26, 2014 4:29 pm

thanks olasinkanmi


Why PhD ? Why not Acca ?

Is it correct that if they refuse for capping reason. I can't even get appeal ????


And is they refuse and I get appeal, and if I finish my 10 years is it compulsory for me win appeal and then only I can apply for 10 year? And in case my appeal dismissed (may God forbid) then what?

Please advice
Olasunkanmi wrote:@ smir, from your post you need only 1yr for ILR, I will advice that you apply for PHD programme and if you get refusal which is possible due to 8yrs cap, you can then appeal and during your appeal period you should be near your 10yrs period for ILR.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: tier 4 cap query

Post by Olasunkanmi » Sun Jan 26, 2014 4:47 pm

@ smir, you stated to have already spent 7yrs and 3months on Tier4, so you are not likely to get any visa because of the 8yrs cap but if you apply for PHD you will be showing progression but its not certain if visa will be issue and you can then appeal whatever their decision is to push your 10yrs on. I dont think ACCA meet progression, so not likely you even get point for that.

As per appeal, if they refuse to grant you appeal if visa get refused, then you can apply to get appeal right or you can go for Judicial review.

But if you are refused and given appeal right, you can apply for ILR within 28days of appeal decision whatever the outcome as you should be very close to your 10yrs period.

The most easiest option is if you can get a sponsor for Tier2 visa and then apply for your ILR once you complete your 10yrs in UK.
The key to success is knowledge and hardwork, and to have faith.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: tier 4 cap query

Post by Olasunkanmi » Sun Jan 26, 2014 4:48 pm

@ smir, you stated to have already spent 7yrs and 3months on Tier4, so you are not likely to get any visa because of the 8yrs cap but if you apply for PHD you will be showing progression but its not certain if visa will be issue and you can then appeal whatever their decision is to push your 10yrs on. I dont think ACCA meet progression, so not likely you even get point for that.

As per appeal, if they refuse to grant you appeal if visa get refused, then you can apply to get appeal right or you can go for Judicial review.

But if you are refused and given appeal right, you can apply for ILR within 28days of appeal decision whatever the outcome as you should be very close to your 10yrs period.

The most easiest option is if you can get a sponsor for Tier2 visa and then apply for your ILR once you complete your 10yrs in UK.
The key to success is knowledge and hardwork, and to have faith.

smir
Member of Standing
Posts: 337
Joined: Mon Jul 29, 2013 4:18 pm
India

Re: tier 4 cap query

Post by smir » Sun Jan 26, 2014 7:33 pm

Thank Olasunkanmi...

May God guide me to thing which is better for me...

Tier 2 ?? Very hard brother.. where to get sponsor ??

Finger crossed...

Some one said.. apply for Human rights Article 8, as you have wife as your dependent..and 6 months baby who is born here.. they will refuse but then you get appeal. and once you finish 10 years.. differ to ILR..

dont know how much success we get in this...


Olasunkanmi wrote:@ smir, you stated to have already spent 7yrs and 3months on Tier4, so you are not likely to get any visa because of the 8yrs cap but if you apply for PHD you will be showing progression but its not certain if visa will be issue and you can then appeal whatever their decision is to push your 10yrs on. I dont think ACCA meet progression, so not likely you even get point for that.

As per appeal, if they refuse to grant you appeal if visa get refused, then you can apply to get appeal right or you can go for Judicial review.

But if you are refused and given appeal right, you can apply for ILR within 28days of appeal decision whatever the outcome as you should be very close to your 10yrs period.

The most easiest option is if you can get a sponsor for Tier2 visa and then apply for your ILR once you complete your 10yrs in UK.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: tier 4 cap query

Post by Wanderer » Sun Jan 26, 2014 9:16 pm

Is it that you are merely hoping to hang on for ten years? Student visa is and was never a path to residency and you must have known that from day one.
An chéad stad eile Stáisiún Uí Chonghaile....

gj6ab5657
Member
Posts: 125
Joined: Fri Jan 27, 2012 8:50 pm
Location: UK
Mood:
India

Re: tier 4 cap query

Post by gj6ab5657 » Sun Jan 26, 2014 10:25 pm

smir wrote:Thank Olasunkanmi...

May God guide me to thing which is better for me...

Tier 2 ?? Very hard brother.. where to get sponsor ??

Finger crossed...

Some one said.. apply for Human rights Article 8, as you have wife as your dependent..and 6 months baby who is born here.. they will refuse but then you get appeal. and once you finish 10 years.. differ to ILR..

dont know how much success we get in this...

please see link below: one of my friend is waiting......
http://www.immigrationboards.com/uk-tie ... 55525.html


Olasunkanmi wrote:@ smir, you stated to have already spent 7yrs and 3months on Tier4, so you are not likely to get any visa because of the 8yrs cap but if you apply for PHD you will be showing progression but its not certain if visa will be issue and you can then appeal whatever their decision is to push your 10yrs on. I dont think ACCA meet progression, so not likely you even get point for that.

As per appeal, if they refuse to grant you appeal if visa get refused, then you can apply to get appeal right or you can go for Judicial review.

But if you are refused and given appeal right, you can apply for ILR within 28days of appeal decision whatever the outcome as you should be very close to your 10yrs period.

The most easiest option is if you can get a sponsor for Tier2 visa and then apply for your ILR once you complete your 10yrs in UK.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 10:28 pm
Location: London, UK.

Re: tier 4 cap query

Post by Olasunkanmi » Tue Jan 28, 2014 5:24 pm

@ smir,

"Thanks Olasinkanmi One question personally What will be good option for me as looking my situation 1. Just apply any student Visa for extension and wait for refusal and appeal Or 2. Just apply human rights article 8 and just try to extend 9 months Please suggest"

You can ask your dependant wife to apply for student visa and you depend on her to complete your 10yrs or you can go for the human right Article 8 application as well. You should consult various professional lawyers to see all your options and then decide the best path for you.
The key to success is knowledge and hardwork, and to have faith.

silentsmile
Member
Posts: 180
Joined: Mon Jan 13, 2014 1:29 pm

Re: tier 4 cap query

Post by silentsmile » Mon Feb 17, 2014 1:02 am

Hi smir zee amber!!!!! I hve same scenario like smir have but I never had psw I spent 9 years 3 months in uk tier 4 Alhamdulillah but now im going masters and my project and one unit left to do I dont know uni will give me extension cas letter or not im so much stress and dont know what to doo kuch bataooooo bhaioooooooo kia karooooo ..m hawa kharrab hey ... lol my visa expire 30 march 2014 itd tier 4 visa but now I dont know what should I do Either go for venture capital firm enter.visa or either go any application im sure uni will not offer me cas.now according to my time scale I hvnt completed my five years on degree level. So but still picture not clear. So smir pleaze update me what you doing and can we talk on phone its really helps I have my three dependants too.




jazakAllah for reading pleaze advice me to find thr way how can I spend my 9months to complete 10 years

asap plz I hve 5 weeks left

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: tier 4 cap query

Post by Zee ali » Mon Feb 17, 2014 1:16 am

faraz3430 wrote:Hi smir zee amber!!!!! I hve same scenario like smir have but I never had psw I spent 9 years 3 months in uk tier 4 Alhamdulillah but now im going masters and my project and one unit left to do I dont know uni will give me extension cas letter or not im so much stress and dont know what to doo kuch bataooooo bhaioooooooo kia karooooo ..m hawa kharrab hey ... lol my visa expire 30 march 2014 itd tier 4 visa but now I dont know what should I do Either go for venture capital firm enter.visa or either go any application im sure uni will not offer me cas.now according to my time scale I hvnt completed my five years on degree level. So but still picture not clear. So smir pleaze update me what you doing and can we talk on phone its really helps I have my three dependants too.




jazakAllah for reading pleaze advice me to find thr way how can I spend my 9months to complete 10 years

asap plz I hve 5 weeks left
Tell me bit more about your dependents like your child ages, R they going to school.
Is your wife on tier 4 dependent visa ?????
U spent 9 years already on tier 4 and u r saying that u still have some time left for 5 year cap. But still it's very hard for u to get tier 4 visa after spending 9 years on tier 4 .
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

Locked
cron