Tier-4 Cap Clarification

Previous Studies History - Phase 1
>MBA - General Management - 1 Year Visa Granted (Old rules)
>MPhill - Finance & Investment - 1 Year Visa Granted (Old rules)
>PhD - Finance & Investment - 1 Year Visa Granted (Old rules)
3 Month Extra Period.
Total Period 3 Years + 3 Months = 39 Months

Previous Studies History - Phase 2
PhD was 3 year course but HO grant only one-year visa. In that year, college lost university affiliation. Student left PhD course and moved to in another college and got further study visas as per following:

>Advance Diploma - Information Technology - 15 Month (Old rules)
>BCS Professional Diploma - Computing & IT - Application refused due to Tier-4 conditions not met. Home office took 6 months to decide.
Total Period 15 Months + 6 Months = 21 Months

Total Period Spend on all studies = 60 Months (5 Years)

On application refusal, applicant just left UK without any appeal and re-application due to urgent need to visit home. It's happened in year 2010.

Now applying in Tier-4 for level 7 Chartered Financial Analyst (CFA) with HTS Institute. Can anybody analyse / help regarding Academic Progression. I think a Tier-4 application can still be made for 2 years on Level 7 course. Am I right? Thanks in advance.

I am not sure on what basis you think he has a further 2 years at level 7?

The relevent time limit here will be 5 years study at degree level. In total he appears to have spent 4 years and 3 months with Tier 4/student visas studying at degree level. The last course does not count because he was not granted leave for that course. Therefore he only has 9 months left on his 5 years.

Better and wise will be for that student to join remaining PHD course which in past he/she was pursuing because on its completion it will award him/her further extra 12 months. Applying or even trying level 7 has extremely lower chances since the student is already over qualified. Remember, degree cap and academic progression criteria is for once in a student life regardless number of times student join/break/restart its education.

Thank you very much for your reply.

You mean Advance Diploma - Information Technology - 15 Month course will also count towards degree level?

I am thinking that he spent total 3 years on degree level courses (MBA/MPhill/PhD) as per Phase-1 education history. 3 Extra month should not count towards limit. Right?

In Phase-2, he only studied Advance Diploma - IT (Level 5) which is not a degree level course. He did not continue on that course with same PhD visa granted. He apply another visa for this.

Finally, as Advance Diploma - Information Technology is not a degree level course and he got separate visa granted, that's mean he only spent 3-years on degree level and rest of the period he spent on non-degree level. So he still has further 2-years to study on degree level.

Above are the basis I am thinking that he has a further 2 years to study at degree level (i.e.level 7). Please correct me if I am wrong. Thank you.

Sorry had misread the advanced diploma part. You are correct it is not degree level so he has only spent 3 yrs at degree level so far. They are highly likely to heavily scrutinise his application given his history and there's a significant chance of refusal on credibility grounds.

Friends

BCS is a graduate level course, so in my point of view he has spend 4 years and 3 months, honestly it is very difficult to get visa below master degree but it is better to take admission in PhD then hopefully you will get your visa........

Friend
What is your advance diploma level is it leve 5 or level 6,,,,,, if it is level 6 then it will be considered as graduate level course..........

Deviser wrote:Previous Studies History - Phase 1
>MBA - General Management - 1 Year Visa Granted (Old rules)
>MPhill - Finance & Investment - 1 Year Visa Granted (Old rules)
>PhD - Finance & Investment - 1 Year Visa Granted (Old rules)
3 Month Extra Period.
Total Period 3 Years + 3 Months = 39 Months

Previous Studies History - Phase 2
PhD was 3 year course but HO grant only one-year visa. In that year, college lost university affiliation. Student left PhD course and moved to in another college and got further study visas as per following:

>Advance Diploma - Information Technology - 15 Month (Old rules)
>BCS Professional Diploma - Computing & IT - Application refused due to Tier-4 conditions not met. Home office took 6 months to decide.
Total Period 15 Months + 6 Months = 21 Months

Total Period Spend on all studies = 60 Months (5 Years)

On application refusal, applicant just left UK without any appeal and re-application due to urgent need to visit home. It's happened in year 2010.

Now applying in Tier-4 for level 7 Chartered Financial Analyst (CFA) with HTS Institute. Can anybody analyse / help regarding Academic Progression. I think a Tier-4 application can still be made for 2 years on Level 7 course. Am I right? Thanks in advance.

Please see the highlighted section, if he went back and applying for a new visa is Cap still going to be valid for him? I thought the cap came so no one can stay in UK for more than 10 years and apply for continously

Greenie wrote:Sorry had misread the advanced diploma part. You are correct it is not degree level so he has only spent 3 yrs at degree level so far. They are highly likely to heavily scrutinise his application given his history and there's a significant chance of refusal on credibility grounds.

Thank you very much for quick and clear reply. I know UKBA will try their best to refuse visa application. But applicant are so genuine. All his previous education and experience is relevant. MBA with Financial Electives, and MPhil / PhD (Finance & Investment) was left uncompleted due to genuine university problems. Has also done ACCA in Home country after return. Working in financial institution where CFA is a requirement to get top positions. Just done IELTS with 8.0 band. CAS arranged from HTS which is top CFA tuition provider in London. Got own USD bank account with good balance which is 10x more than requirement. And finally, decided to arrange application cover letter from a good UK immigration solicitors firm. So thinking positive about the outcomes. Let see what happen!

KindHeart wrote:Friends
BCS is a graduate level course, so in my point of view he has spend 4 years and 3 months, honestly it is very difficult to get visa below master degree but it is better to take admission in PhD then hopefully you will get your visa........

KindHeart wrote:Friend
What is your advance diploma level is it leve 5 or level 6,,,,,, if it is level 6 then it will be considered as graduate level course..........

Thank you very much for reply. But I think you wrote both replies without reading the previous posts properly.

Visa application on BCS course was refused, so it cannot be counted towards any limit and, it's already described above that Advance Diploma - IT was a Level 5 course. Plus CFA is an equivalent course to UK Master degree.

shaq1 wrote: Please see the highlighted section, if he went back and applying for a new visa is Cap still going to be valid for him? I thought the cap came so no one can stay in UK for more than 10 years and apply for continously

Really?

Anybody else has any anything to say please? (Just to get second opinion).

Previous Studies History - Phase 1
>MBA - General Management - 1 Year Visa Granted (Old rules)
>MPhill - Finance & Investment - 1 Year Visa Granted (Old rules)
>PhD - Finance & Investment - 1 Year Visa Granted (Old rules)
3 Month Extra Period.
Total Period 3 Years + 3 Months = 39 Months

Previous Studies History - Phase 2
PhD was 3 year course but HO grant only one-year visa. In that year, college lost university affiliation. Student left PhD course and moved to another college and got further study visas as per following:

>Advance Diploma - Information Technology - 15 Month (Old rules)
>BCS Professional Diploma - Computing & IT - Application refused due to Tier-4 conditions not met. Home office took 6 months to decide.
Total Period 15 Months + 6 Months = 21 Months

Total Period Spend on all studies = 60 Months (5 Years)

On application refusal, applicant just left UK without any appeal and re-application due to urgent need to visit home. It's happened in year 2010.

Now applying in Tier-4 for level 7 Chartered Financial Analyst (CFA) with HTS Institute. Can anybody analyse / help regarding Academic Progression. I think a Tier-4 application can still be made for 2 years on Level 7 course. Am I right? Thanks in advance.