tier 4 student level 6 to leval 5 change

hi,
i came uk 2006 july on acca which was expire in oct 2009. i change my course beetween that time and i done level 4(18month).after that i extend my visa in oct 2009 on level 5 diploma one year course(imis) which was expire in march 2011.IN march 2011 i extend visa on bussiness managment level 6 and got untill june 28th 2014. my college was revoke in june 2012.i could not complete my course level 6.i did not get (courtainment) any latter from home office .i did not change my home address too.i allready applied on 26 june 2014 on offer latter.Because i m waiting for b2 result.i dont think so i can get my b2(city and guild) because my centre is close but still i m folliwing my result with city and guild head office.NOW i passed b1 in pte english.
NOW I WANT EXTEND ON LEVEL 5 hotel management or health care
can i extend on level 5?

ANYBODY CAN HELP ME PLEASE

ANYBODY GOT ANS ABOUT MY QUASTION...SO PLS reply

HI, friends
No reply so far, really upset..I am new to this website, please friends if somebody can share the experience of same situation or any idea.

In short, now is the time to cancel your tenancy, pack your belongings and book your ticket to leave the UK.

You cannot go from a level 6 course to a level 5 unless there are exceptional circumstances.

You cannot spend more than 8 years as a student/Tier 4 student in the UK.

In addition, it appears your leave has expired so you will not get a right of appeal when your Tier 4 application is refused.

In the unlikely scenario you have another Tier you could apply for, apply for that route.

https://www.gov.uk/government/uploads/s ... pdf#page17

Dea paper pusher/
Thanks for replaying.but my leave is still valid because I already applied for visa on 27th june 2014.I asked some one for 5 yeas cap rules.They said that 5 yeas cap rules start from 2012 april on level 6 (above) and below degree level(3years) whoever got visa on as tier4(genaral) skim not on as normal student.tier 4 start on 2009 march and i extend my visa on 2009 march which is level 5 and got another extend 2011 march leval 6 but that i could not complete bcos my college close so i applied on 27th with offer latter bfore my leave expire.i am waiting for my b2 if i dont get my b2 so i wan take admission in b1 which i got.evan my some friend got visa 4 month ago on level 6(there n my college was same which close).we did not get latter from home office.Only different my n his case just wat take admission in level 5 bcos waiting for b2.evan i complete my level 6 so....??

i hope i can get right ans from u and other master.
THANK YOU

The time spent below degree level before March 2009 is exempt as per old student rules.After that u can spend 3 years studying below degree level on tier 4 visa and then 5 or 6 years studying at or above degree level i.e.,level 6 or 7.

From this u can calculate ur tym spent.

Cheers

pink85 wrote:Dea paper pusher/
Thanks for replaying.but my leave is still valid because I already applied for visa on 27th june 2014.I asked some one for 5 yeas cap rules.They said that 5 yeas cap rules start from 2012 april on level 6 (above) and below degree level(3years) whoever got visa on as tier4(genaral) skim not on as normal student.tier 4 start on 2009 march and i extend my visa on 2009 march which is level 5 and got another extend 2011 march leval 6 but that i could not complete bcos my college close so i applied on 27th with offer latter bfore my leave expire.i am waiting for my b2 if i dont get my b2 so i wan take admission in b1 which i got.evan my some friend got visa 4 month ago on level 6(there n my college was same which close).we did not get latter from home office.Only different my n his case just wat take admission in level 5 bcos waiting for b2.evan i complete my level 6 so....??

i hope i can get right ans from u and other master.
THANK YOU

I am not able to understand what you have written.

Please see page 68 of this PDF of the PBS immigration rules:

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

Absolutely nothing there about exemptions for pre March 2009 leave as a student as far as I can see.

Are you saying you have applied without a CAS?

https://tribunalsdecisions.service.gov. ... 3-ukut-608

Paragraph 245X(ha) of HC 395 must be read as requiring the calculation of the five years spent in the UK as a Tier 4 (General) Migrant or as a student studying at degree level or above to include time spent as a student before the introduction of Tier 4. Nothing in relevant Guidance permits a contrary result.

Dear paper pusher,
Thanks for sending me link..this is saying about only degree level study as a tier4(general)migrant,or as a student not for below the degree level.
(ha) If the course is at degree level or above, the grant of leave to remain the applicant is
seeking must not lead to the applicant having spent more than 5 years in the UK as a
Tier 4 (General) Migrant, or as a Student, studying courses at degree level or above .

IF u see this paragraph...(h) If the course is below degree level the grant of leave to remain the applicant is seeking must
not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since
the age of 18 studying courses that did not consist of degree level study...

Thanks My friend riz1986... he was right for this...The time spent below degree level before March 2009 is exempt as per old student rules.After that u can spend 3 years studying below degree level on tier 4 visa and then 5 or 6 years studying at or above degree level i.e.,level 6 or 7.

For me i got extend in 2009 oct on below degree level till 2011 march as a tier 4 migrant.after that i got extend 2011 march on level 6 but my college was revoke so could not complete my level 6.I alredy applied my visa just without CAS bcos i did not get B2 certificate bcos my centre close. I m extending my biomatric untill i dont get my b2 but I just got B1 which i gave person exam so I m thinking i will get cas on level 5..bcos for level 5 b1 needed.
What u think my friend riz1986,paper pusher or any other master???/

Dear paper pusher..
sorry to advise u..evan this second link u sending me that also talking about degree level or above not below degree level mean level 3,4,and 5.
Paragraph 245X(ha) of HC 395 must be read as requiring the calculation of the five years spent in the UK as a Tier 4 (General) Migrant or as a student studying at degree level or above to include time spent as a student before the introduction of Tier 4. Nothing in relevant Guidance permits a contrary result.
there is i...e..no. 7 read it may u und.

In simple terms - when did you get your first tier 4 visa as that is the date the clock starts ticking for the number of years allowed in the UK as a student.

The next point - the revocation of your previous college. - when did that happen? Your visa may have been curtailed without your knowledge., so you may be an overstayer without being aware of the fact. It depends on what date they curtailed your visa. If it was after July 2013 then it will be a plane home and have no doubt it.
Curtailed before July 2013 then there is a chance you will be ok BUT under no circumstances will you be allowed to study NQF5 course.
One way or the other you are going to be refused based on the information you have supplied.

[quote="Frontier Mole"]In simple terms - when did you get your first tier 4 visa as that is the date the clock starts ticking for the number of years allowed in the UK as a student.

The next point - the revocation of your previous college. - when did that happen? Your visa may have been curtailed without your knowledge., so you may be an overstayer without being aware of the fact. It depends on what date they curtailed your visa. If it was after July 2013 then it will be a plane home and have no doubt it.
Curtailed before July 2013 then there is a chance you will be ok BUT under no circumstances will you be allowed to study NQF5 course.
One way or the other you are going to be refused based on the information you have supplied.

MY dear Frontier Mole....I got first tier 4 visa 2009 oct till 2011 march on level 5(1 year).After that i applied on 2011 march on level 6 with full maintenance(i did not show my back study mean level 5 complete or not..just show them full maintenance) and got untill 2014 june.But my college revoke in 2013 july.Acctuly college surrender to ukba.I am sure my visa is not curtailed because i did not change my home address and other most thing my all classmate (5 student)got visa just b4 3 month ago.we all study was in same college and they havn't got curtailement latter too.

SO MY quastion is i could not complete my last course on level 6(it was 3 years level 6 bcos of college revoke i was study just one year n i passed only 2 subject) now i m thinking to take cas on level 5 bcos i did not done level 6 100%.just 20% we can say.I have b1 at th movement so i can extend my visa on level 5? bcos i can not wait for b2 result more.Home office sending me 2 time biometric latter.
I know i can not go level 6 to level 5 but i have not done level 6 so????????
I hope i will get right ans from other expert too.
Thanking you

So you did not do anything for last one year when your college was revoked and now you are thinking to apply for a level 5 course because you only have a B1 English qualification. And it seems like you did not complete the Level 5 course in 2009.

I have only one question for you - how you are going to justify your credibility as a genuine student during the 'Credibility Interview'.

The outcome is not going to be good.
There is not a single positive for you as a student.
You have spent a year doing what exactly? Nothing I am guessing. So how are you going to show you are a genuine student. You can't apply for NQF5. You don't have B2 English so can't apply for NQF 6 or above.
What exactly are you hoping for? The only people that will gain out this will be the college that gives you the CAS after they take your money, your legal rep for defending you up until you get removed and of course take your money.
You have a hopeless case that you can no doubt spin out for years which might be your best option because you are not getting a tier 4 visa anytime soon.

[quote="shaq1"]So you did not do anything for last one year when your college was revoked and now you are thinking to apply for a level 5 course because you only have a B1 English qualification. And it seems like you did not complete the Level 5 course in 2009.

I have only one question for you - how you are going to justify your credibility as a genuine student during the 'Credibility Interview'.

yes dear sbaq1 I m thinking to take admissin on level 5.i did not complet level 5 btween 2009 to 2011 march but again got visa on level 6 bcos of full maintenance and I dont need to put any progression that time.now level 6 not complete to bcos college rewoke.if interview come than will c what happen..but now question is ..can I take admission in level 5 ?
Just 3 month My all claasmate got visa on level 6 n they r doing nothing last 8 month..their past study also level 6 which was my level 5.
I hope if I will get my b2 result so I m taking cas on level 6 owise do u think any batter option (level5)?
can u help me out on this or any other expert

Frontier Mole wrote:The outcome is not going to be good.
There is not a single positive for you as a student.
You have spent a year doing what exactly? Nothing I am guessing. So how are you going to show you are a genuine student. You can't apply for NQF5. You don't have B2 English so can't apply for NQF 6 or above.
What exactly are you hoping for? The only people that will gain out this will be the college that gives you the CAS after they take your money, your legal rep for defending you up until you get removed and of course take your money.
You have a hopeless case that you can no doubt spin out for years which might be your best option because you are not getting a tier 4 visa anytime soon.

I totally understand wat u saying but I did not have choice to stay here..I m passing 8 years now..if u have other option so tel me..n read the above post with shaq1 n me may u und wat I m trying to say...
thanks

What are you looking for. The tooth fairy to sprinkle magic dust and it all becomes sorted?
You keep asking the same question and the answer remains the same.

You will not be allowed to undertake a NQF5 course - end of discussion. You studied or more to the point did not study at NQF6 so you can not drop back down to NQF5 just because your college gave up its licence and you can not pass at B2. You also seem to think because you did not get a NQF5 qualification previously that it is alright to go back to study at NQF5.???? That is the very point - you have never passed anything and have to show educational progress. What have you got to show them? A few illegal working pay slips...

You are the very type of bogus student that has made life so much more difficult for those students that are actually in the uk to study and progess their education.
It is time to book that flight home.

pink85 wrote:

shaq1 wrote:So you did not do anything for last one year when your college was revoked and now you are thinking to apply for a level 5 course because you only have a B1 English qualification. And it seems like you did not complete the Level 5 course in 2009.

I have only one question for you - how you are going to justify your credibility as a genuine student during the 'Credibility Interview'.

yes dear sbaq1 I m thinking to take admissin on level 5.i did not complet level 5 btween 2009 to 2011 march but again got visa on level 6 bcos of full maintenance and I dont need to put any progression that time.now level 6 not complete to bcos college rewoke.if interview come than will c what happen..but now question is ..can I take admission in level 5 ?
Just 3 month My all claasmate got visa on level 6 n they r doing nothing last 8 month..their past study also level 6 which was my level 5.
I hope if I will get my b2 result so I m taking cas on level 6 owise do u think any batter option (level5)?
can u help me out on this or any other expert

To answer your question there are lots of Colleges probably still there who will issue you the CAS for a Level 5 course and you can apply for visa with that CAS to study a Level 5 course.

Well is it a better option for you or not.. well I have already gave the answer 'NO, your visa will be refused and you cant win on the appeal right'.

You can talk with some solicitor if they can give you any other better option

Yes get a solicitor involved - at least he can profit from your hopeless case
Buy a NQF 5 CAS from another worthless college they will be more than happy to take the fees.
We can all cheer when you crawl back to the form with the astonishing news you were refused.
Sometimes it is better to just accept you had a good run and it is time to go home.

hi..
thanks to all my friend for helping me.
Just got good news for me...i got my b2 certificate yay.Now i want to take cas on level 6.
If anybody knows about where can i take admission? i want good college not like just stay 6 month n again license revoke.my visa already expire in june 28th 2014.i make application on 27th 2014 just with offer latter.i did not gave my boimetric bcos i dont have cas(bcos i did not have b2 result).now i have time till 18th august(this is 2 time ukba sending me boimetric latter). right now i m geting some college which is not good mean may revoke any time..

as ukba rules can i take admission? bcos if i will take cas now so my course start its more than 28th day after my visa expire.on that rules i have to go back home n re apply from there.some body said to me u already appear on 27th june so that rules not apply to u.

any body help me out for this thing or any expert.plssssssssss

I dont know about rest of your case but as far as studying level 5 is concerned, I believe you can study in the level below you have already studied.

Court of appeal has commented in detail about the term " academic progress".

Court of appeal ruled that if academic institute accepts a student as a progressing student than it shoud be sufficient.

For the detailed decision please read Insert here

FOr summary, read here

ANY EXPERT OR MASTER ANS PLSSSS..

The case quoted is not in the least pertinent to the OP.
The case related to students that actually had made progress - they had PASSED exames, had attended at college.
These are all mystery items to this OP.

Now that he has got his B2, he will try to convince another college he is worthy of a CAS, he might manage it but it will be a low end establishment no doubt on the brink of losing its licence.

Any college that deals in toxic students with histories such as his are only interested in the student fees. By all means try and stick it out for ten years but at least try to get a qualification along the way....

As for the fact you have put in a bogus application. without a shred of real evidence of a college place I wish you every sucess with that.

Frontier Mole wrote:As for the fact you have put in a bogus application. without a shred of real evidence of a college place I wish you every sucess with that.

Hi..I want to study aswell now but good college not giving me admission and...other thing all private colleges asking too much price which gona be revoke soon.now my question is...Anybody help me on good college or A rating college..so I can get the cas n give it to ukba. On A rating I can spending no more than 1500.