Urgent Help Please…Tier 4 Extension refused under 5 year cap

Hi Gurus and Members

Synopsis:

September 2009 -Came to the UK Tier 4 (visa letter) no CAS- Studied level 4 changed college and course
September 2010- October 2012 -Studied Level 5&6 Diploma
October 2012- May 2015 - Extended Tier 4 on CAS - level7 - college licence revoked - May 2013 received curtailment letter in August 2013
October 2013 to June 2016 - Changed College took admission in CIMA -Level 7 -
December 2013 got refusal and removal notice with right of appeal - Refusal which was based on 5 year time limit on level 6 and above requires UK bachelor
January 2014 appealed against the decision
July 2014 - heating date

Amplification:

I am an International student came to UK to study ACCA – in September 2009 and joined Fundamental levels F1-F3 which is equivalent to level 4 below degree level confirmed from ACCA Education Recognition Status Handbook ACCA F1toF3 is at Level 4 under UK qualification Framework I did pass this level but did not went to the next level F4-F9 and changed my college and applied for new course on Level 5 and 6 for Edexcel Diploma in Management course on successfully passed and completed.

After successfully completing Diploma in Management I wanted to continue my education and enrolled for Level 7 Edexcel course from same college and got my visa extended - Extended Diploma in Strategic Management from 5th October 2012 to 6th November 2014 but my course was interrupted because the college was closed on 26th May 2013. I have been notified by Home office to change my sponsor by 13th august 2013 if I wanted to continue my education then I joined CIMA – level 7 to continue my education as this course is complimentary to the previous studies at the same level and will enhance my understanding of the financial aspects of Management and will enable the me to obtain Professional Qualification of CIMA at the NQF Level 7

HO says that I’ve completed my 5 years of Degree level studies because somewhere in my first visa letter states ACCA Fundamentals, Knowledge and Professional Levels at level 7 which is incorrect cause when I enrolled in the college they gave me an enrolment letter for fundamental levels that too F1-F3 which is not at level 7 and also this capping rule was not there when my agent got my Visa letter in India cause no one was aware of what levels means and the rule has been amended in April 2012 so as per my and my present sponsors calculations I’ve started my degree level studies from September 2011 and completes 5 years in 2016

Just wanted an expert opinion how can challenge them during the appeal and also any help or suggestions will be of great help.

Thanking everyone in advance.

Degree level study is study on a course that leads to a qualification at nqf level 6 or above regardless of whether that course is successfully completed. Thus a person enrols on a three year degree level course but drops out after a year has spent one year studying at degree level regardless of whether the degree level qualification being obtained or not. If anything else were true then this would result in successful students being in a worse position to those who fail or don't complete the course.

Consequently on the basis of what you have said it seems the refusal is correct as you were applying to study a further 3 years at degree level having already studied at least three years at degree level previously (4 if the 'level 5&6 diploma course was one course

@ TIER_4_refusal,

Study ACCA – in September 2009 and joined Fundamental levels F1-F3
Level 5 and 6 for Edexcel Diploma in Management course on successfully passed and completed.

October 2012- Nov 2014 - Extended Tier 4 on CAS - level 7 - college licence revoked - May 2013 received curtailment letter in August 2013
Extended Diploma in Strategic Management from 5th October 2012 to 6th November 2014 but my course was interrupted because the college was closed on 26th May 2013

October 2013 to June 2016 - Changed College took admission in CIMA -Level 7 - Visa refused

My opinion on your case

Greenie is right that the cap applies to everyone regardless if the rule changes after you came to the UK. The purpose of the cap is that students don't spend more than 5yrs on courses leading to degree level (including PGD and Masters degree). But you still have another 3yrs for PHD programme if you want to continue.

From what you stated above, how many yrs visa were you issued when you first came to UK?

Also, your last extension which was suppose to expire in Nov 2014 was cut short due to your college closing down and you were suppose to have spend 5yrs (Sept 2009 - Nov 2014) if the college haven't close down.

Another question is that why didn't you continue from the stage were your course stops when your college close down instead of registering for a new course (CIMA) that will start all over again and then take you over your 5yrs cap.

If you had continue on the same course and then register with a different school, your visa will have been extended to when you were suppose to clock 5yrs minus the periods when college close down.

The main reason why your visa was refused is that you enrol on another course that will take you another 3yrs despite the fact that you probably have just 1yr left when your college license was revoke.

Conclusion

You can only win your appeal if you can finish your level 7 study within 5yrs of starting your programme in UK. So an option is if you can take on a course that will finish in Nov. 2014 when you were suppose to have complete your 5yrs cap.

If you had continue the same programme from a different college after college license was revoke, then you might have a very good chance of winning appeal as discretion could be apply to your case if you went over the 5yrs cap for few months because its not your fault that college closed down.

Another option is if you can apply for PHD programme which will give you another 3yrs.

14/04/2011 to 14/06/2014 level 6 visa curtailed 04/09/2011
05/09/2011 to 12/04/2013 level 5
28/03/2013 to 28/03/2015 level 7
28/05/2015 to 30/09/2015 level 7 visa curtailed


Can you suggest in my case am I in 5 year cap

can you tell me greenie