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I SAID "foundation course" in my first post, NOT foundation degree. To be exact, I did a "International Foundation Programme" . International Foundation Programme is at NQF/QCF level 3, whereas Foundation degree covers NQF/QCF level 4 AND 5 (foundation degree needs 2 YEARS to complete, where Foundation programme needs around 8 months to complete). Please see the link below:Frontier Mole wrote:You started your foundation degree in Jan 2012. Your foundation degree is at NQF5 or above. Therefore your 5 year cap ends in Jan 2017.
For a CAS to be issued the course end date can not extend beyond five years. Therefore you have all of 7 months of your cap left.... Not enough time to undertake a Masters. Ergo your cap for all practical purposes has expired.
Also in the Tier 4 policy guidance (page 35) in Section "Students studying below degree level":---........This two year limit applies to studying both a single course and several courses as a Tier 4 (General) student. This includes any course (i.e. Foundation year, pre- sessional English Language or Access courses) where the exit qualification is below NQF level 6.
In the certificate of my Foundation programme, it is written that NQF Level is 3. So I believe it's a Below-degree level course, because the EXIT qualification is at Below NQF level 6.Students studying below degree level
125. If you are studying at QCF or NQF level 3, 4 or 5 (SCQF level 6, 7 or 8 in Scotland)........
Please correct me if anything is wrong. Thanks a lot.99. You are allowed to spend no more than 2 years in the UK studying below UK bachelor’s degree level since the age of 18. We cannot approve new leave for you to study below UK bachelor’s degree level, if you have already been studying below UK bachelor’s degree level for 2 years.
I had a Separate visa for my foundation course.Frontier Mole wrote:A couple of questions...
Did you have a separate visa for your foundation course?
Then a new visa for your degree course.
If it was one visa then all the time counts towards the 5 year cap.
If it was two separate visas then exactly when did you get the second visa as that date starts the 5 year clock.
And no matter what advice good or bad on this forum the main hurdle will be getting a CAS from a Uni.
I started my undergraduate in Sep 2012. For my undergraduate course (degree course), I applied from within the UK by post, and the "Biometric Residence Permit" came in Jan 2013 which says "date of issue" is Jan 2013 and "Valid until" is Oct 2015.Frontier Mole wrote:So your clock started in Jan 2013 so you have used 3.5 years....
please explain...I'd probably focus more on these points. You are debating semantics when the much bigger issue is what Frontier Mole has stated. I don't think there is anything more that can be contributed in this thread - you'd be better off at this point speaking to Universities or a qualified immigration advisor.ext point how do you propose to get a CAS? Has you applied to retake your Masters with any other uni?
This is your next hurdle. You will find there is great reluctance to offer a CAS to students with a fail under their belt. You have not completed your last course, regardless of the circumstances.
So try to get a Sponsor.... Once you have a CAS then worry about the next steps.
Thanks a lot to everyone.I started my undergraduate in Sep 2012. For my undergraduate course (degree course), I applied from within the UK by post, and the "Biometric Residence Permit" came in Jan 2013 which says "date of issue" is Jan 2013 and "Valid until" is Oct 2015.
Has the 5 year clock started in Jan 2013 or, Sep 2012 ? confused
can anyone help me? please help me guys..sorry Frontier Mole wrote:So your clock started in Jan 2013 so you have used 3.5 years.... Simples
thanks Vinny, i started the BSc course in Sept 2012 and got the visa for this course in Jan 2013. That means I started my degree course 4 months BEFORE my visa came. You mean - these 4 months will NOT count in the cap? sorry just making sure...vinny wrote:Frontier Mole wrote:So your clock started in Jan 2013 so you have used 3.5 years.... Simples
Hi Frontier Mole, thanks for your reply. What did you mean by "sub-degree cap" ?Frontier Mole wrote:The guidance states that it is time under Tier 4 undertaking a degree course(s) is measured against the 5 year cap.
You applied in time and the HO took however long to grant. Your previous tier 4 visa conditions carried on until your new tier 4 was granted. There is a concession for HEI establishments to continue teach or accept students pending visa extension approval.
So you first tier 4 visa belongs to sub degree cap and the date of grant of the second starts the degree clock.
So on the bright side your Tier 4 degree clock only started when the visa was granted, thus you have used 3.5 years of the 5.
Frontier Mole's bright side was that your five year cap commenced when you were granted leave to remain in Jan 2013.Frontier Mole wrote: the date of grant of the second starts the degree clock.
Frontier Mole wrote:thus you have used 3.5 years of the 5.
I know he meant "the counting will start from Jan 2013" by bright side.vinny wrote:Frontier Mole's bright side was that your five year cap commenced when you were granted leave to remain in Jan 2013.Frontier Mole wrote: the date of grant of the second starts the degree clock.
Frontier Mole wrote:thus you have used 3.5 years of the 5.
Could you please clarify ? thanks a lot... . But the 60 days counting will start from the date of the Curtailment Letter by HO, right ? :(Noone here knows the intricate details of your case. Noone can guess or deduce what's on your record.darkcloud20 wrote:Hi, thank you very much for the reply. Only 13 days remaining to complete 60 days (counting from the date I withdrew)
I have Not got any curtailment letter from HO yet. I even do Not when the uni informed the HO or whether they informed. After withdrawing from the course, I stayed in the same address (where I stayed during the MSc. This address is in the university system. Even the previous UK address is also in the uni system ) for 13 days, then I moved to a different city in the UK. I did Not inform HO about my new address.
A NOTE:- When I applied for tier 4 visa for my MSc from within the UK, I used the International Office address of my new university as the corresponding address in the Tier 4 application form. The BRP (visa) for MSc came in the International Office address, and I collected from them. Can you please tell me which address do the HO have as my address? Is it the International Office address OR, the addresses which ARE in the university system ?
(10 days AFTER I submitted the Tier 4 application, I moved to the address WHICH the university has in their system. I gave my previous UK address to the Uni as well)
As I have Not got my Curtailment Letter, I do NOT know when my 60 days will be finished, and whether my visa is curtailed yet.
Please help...
(note: Uni staff told me via email that my 60 days started from the day I withdrew from the course. But curtailment does NOT start until the HO issues a Curtailment letter. So the uni gave me wrong info, right? )
Sorry for the English thing. I still do many mistakes in english.noajthan wrote:Noone here knows the intricate details of your case. Noone can guess or deduce what's on your record.darkcloud20 wrote:Hi, thank you very much for the reply. Only 13 days remaining to complete 60 days (counting from the date I withdrew)
I have Not got any curtailment letter from HO yet. I even do Not when the uni informed the HO or whether they informed. After withdrawing from the course, I stayed in the same address (where I stayed during the MSc. This address is in the university system. Even the previous UK address is also in the uni system ) for 13 days, then I moved to a different city in the UK. I did Not inform HO about my new address.
A NOTE:- When I applied for tier 4 visa for my MSc from within the UK, I used the International Office address of my new university as the corresponding address in the Tier 4 application form. The BRP (visa) for MSc came in the International Office address, and I collected from them. Can you please tell me which address do the HO have as my address? Is it the International Office address OR, the addresses which ARE in the university system ?
(10 days AFTER I submitted the Tier 4 application, I moved to the address WHICH the university has in their system. I gave my previous UK address to the Uni as well)
As I have Not got my Curtailment Letter, I do NOT know when my 60 days will be finished, and whether my visa is curtailed yet.
Please help...
(note: Uni staff told me via email that my 60 days started from the day I withdrew from the course. But curtailment does NOT start until the HO issues a Curtailment letter. So the uni gave me wrong info, right? )
Ask the university what they have or have not done.
Take some responsibility and ensure that any official body that you have dealings with knows where you are and how to contact you.
Its not surprising you know nothing and feel helpless if noone can contact you.
In this country people speak British English not American 'English'; it is not usual to append every statement with a suffix in order to turn it into a question, Right?
I said this on page 3.keysersoze22 wrote:Contact your old Universities Tier 4 Compliance Team , and if you don't have one, the International Student Advice Service granting them permission to discuss your case with UKVI and to enquire about your curtailment. They should have their own license account manager who these queries can be raised to.
Thanks a lot for your reply. I am quoting a previous post (in page 5) of Vinny :-Frontier Mole wrote:60 days starts from curtailment letter date from UKVI
Uni does not inform UKVI of change of address
Until you are curtailed you still have valid leave but you are running down your 5 year cap at the same time.
Curtailment letter is sent special delivery.
I am sensing you are going to return home rather than continue with your education in the UK?
As I understood the above, Vinny is saying it does NOT matter what date I will leave the UK. For example: HO will take the curtailment action on 2 July and will give a notice of 60 days (from 2 july to 30 Aug). But I will leave the UK on 20 June. The 5 year clock will NOT stop even after I left the UK. The clock will continue till 30 Aug. Is my understanding correct? Could you please double check?vinny wrote:I believe that the total periods of leave granted, since the age of 18, under Tier 4 (General) or student, may be considered. A period of leave may be increased via Section 3C or decreased via curtailment. In the latter case, I don't see that your departure date would have an affect.
keysersoze22 wrote:You won't be having any course I am afraid.
New update https://www.gov.uk/government/uploads/s ... 016-04.pdf - page 34, 5.25 regarding Academic Progression. You have to demonstrate that you have successfully completed the last course you obtained tier 4 leave from.
Note that academic progression does not apply to out of UK applications.