Applying for new CAS for PHD extension and dependent.

HELLO EXPERTS,

I would really appreciate if anyone of you could help me.

My student time line:
MBA visa - Feb 2011 to Sep 2012
Acca visa - Oct 2012 to Nov 2014

Return to country Nov 2014 to Sept 2015

Came back to the UK:
PHD visa - Sep2015 to Jan 2020

Question:
I am about to finish my thesis in next 3 months approx. But i will need an extension of 3 to 5 months after my current visa expires for my final viva and thesis submission. My query is whether 8 years cap apply to the entire period when i started my MBA (it was not a research qualification) or does the 8 years cap apply when I started my PhD in 2015?
As i need few extra months extension I am struggling to understand which period to include in 8 years cap.
As read in the guidance:

299. If you have already completed a course which led to the award of a PhD,
postgraduate research qualification or Research Masters Degree (as listed in
Annex 3 of this guidance) in the UK, the grant of leave you are seeking must
not lead to you spending more than 8 years in total in the UK as a Tier 4
(General) Migrant, or as a Student.
Does this mean i can apply for few months extension with the same uni for completing my PhD?

Please advice.
Thank you

Hellobro wrote: ↑

Thu Aug 01, 2019 12:43 pm

My query is whether 8 years cap apply to the entire period when i started my MBA (it was not a research qualification) or does the 8 years cap apply when I started my PhD in 2015?

I don't see how the 8 year cap is relevant to you at all, as you have not completed a qualification listed in Appendix 3. Has the university said they cannot sponsor you for the Tier 4 extension?

Hi,

I did complete my MBA and Acca (3 yrs 9mnths). Naturally MBA was not a research course nor was ACCA.

My Uni has just told me that i have completed 7 years 9 months on Tier 4 and therefore they need to check whether they can issue a CAS or no.

To my knowledge what I read, I understand that my 8 year CAP start when I started my PHD from 2015( correct me if am wrong). If yes,then I do you think I should inform my Uni that I am still eligible to get an extension under 8 years study period.

Thank you.

Hellobro wrote: ↑

Thu Aug 01, 2019 3:43 pm

To my knowledge what I read, I understand that my 8 year CAP start when I started my PHD from 2015( correct me if am wrong). If yes,then I do you think I should inform my Uni that I am still eligible to get an extension under 8 years study period.

I don't understand why either you or your university think you are subject to the 8-year cap at all. Again, it is only for people who have already completed one of the courses listed in Appendix 3, which you have not.

Thank for your reply.

My university just gave me a panic attack and confused me. According to my understanding i knew that I dont fall under 8 year cap, but my University just gave me wrong information. I should now inform them and let them know about it.
Thanks for your comment

Hellobro wrote: ↑

Thu Aug 01, 2019 4:00 pm

My university just gave me a panic attack and confused me. According to my understanding i knew that I dont fall under 8 year cap, but my University just gave me wrong information. I should now inform them and let them know about it.

That is their job to calculate the cap. I'm sure they have come to the same conclusion.

Yes, I had even contacted UKVI to get some information on the same as my university is not replying back on time. UKVI helpline is so not useful as they don't have clear advice on any matter as always.

I was told by my Uni that if I should consider an option of distance learning if they cannot provide a CAS.

Technically, I can request a CAS and that I am eligible to get an extension on the same.

Hellobro wrote: ↑

Thu Aug 01, 2019 4:34 pm

Technically, I can request a CAS and that I am eligible to get an extension on the same.

Seriously, this is a non-problem. When the sponsor has issued the CAS and you have applied, you may want to make a complaint about their foolishness.

Who do I make a complaint to?

Once they issue me an extension CAS and once I apply by the end of this year, then I would like to make an official complain against them for storing and passing wrong information.

Hellobro wrote: ↑

Thu Aug 01, 2019 5:03 pm

Who do I make a complaint to?

Ask the Students Union for help with it.

I will keep this post updated for what response I get from my University regarding issuing CAS for small extension.

Thank you.

sah10406 wrote: ↑

Thu Aug 01, 2019 5:04 pm

Hellobro wrote: ↑

Thu Aug 01, 2019 5:03 pm

Who do I make a complaint to?

Ask the Students Union for help with it.

I got this reply from my University today:

The 8 years is inclusive of undergraduate and taught postgraduate degrees, it’s not 8 years for PhD alone. The registration period for completion of a part time PhD in the UK would be less than this to try and put this into context for you (at our University I believe it’s 6 years part time with the possibility of a one year extension). UKVI put these time limits in place to try and prevent students from obtaining 10 years residency through study and therefore an eligibility to apply for Indefinite Leave to Remain.

I am very confused, please help.

Hellobro wrote: ↑

Fri Aug 02, 2019 12:55 pm

I got this reply from my University today:

The 8 years is inclusive of undergraduate and taught postgraduate degrees, it’s not 8 years for PhD alone. The registration period for completion of a part time PhD in the UK would be less than this to try and put this into context for you (at our University I believe it’s 6 years part time with the possibility of a one year extension). UKVI put these time limits in place to try and prevent students from obtaining 10 years residency through study and therefore an eligibility to apply for Indefinite Leave to Remain.

I am very confused, please help.

That seems to be a correct answer to the question "Why is there an 8-year cap and what periods of leave are included?"

If elsewhere in their reply they say that you personally are subject to the 8-year cap, ask them to look at it again, because you have not completed one of the qualifications in Appendix 3. Only such people are subject to the 8-year cap.

Just to confirm once more.

My completed MBA and ACCA period would be not considered under 8 year cap.

Therefore, only my PhD would be under 8 year cap. To be clear. How do I make the university understand now in simple language. Am so confused now.

Hellobro wrote: ↑

Fri Aug 02, 2019 1:42 pm

Therefore, only my PhD would be under 8 year cap. To be clear.

I'm done.

I advise you make an appointment with the international student adviser at your university.

The above mentioned statements is what my University international department replied.

I think I am not eligible for an small extension to complete my PhD within country. The 8 year cap is too confusing.

Hi Experts,

Last week I had posted a question regarding my Ph.D. extension. I got some help but I was very confused. Please see below for my query again and help.
My student timeline in and out UK:

MBA visa for the UK - Feb 2011 to Sep 2012
Acca visa in the UK - Oct 2012 to Oct 2014

Return to home country from Nov 2014 to Sept 2015

Came back to the UK for studies:
Ph.D. visa - Sep2015 to Jan 2020

I am currently in 4 years and my visa expires on Jan 2020. I need an extra 4 to 5 months for viva and correction after my visa expires. I have requested CAS from the International department at my University.
Met the department today, they told me they will be at risk their reputation if the UKVI does not issue my visa on the basis of the 8 YEARS cap.

According to my understanding, I do not have continuous stay in the UK to claim any 10-year route. I am a genuine student who is currently about to submit my these. The 8 year cap does not clarify if the cap is valid even if the student has gaps between studies staying outside the country.

Can somebody again please help me if the University is trying to escape and is it true that I fall under 8 years cap and cannot get an extension? My university International department is new and therefore they are struggling to give me direct answers. I cannot afford their risk on the cost of my genuine extension for 4 to 5 months. Please HELP

Hi,

can someone please help me again.

I am in 4th year of PhD and have already completed MBA and Acca before since 2011. I am a genuine student and had undergone surgery which led to delay in theses writing. I have study gap living in the Uk and outside of about more than a 1 year.

I have requested new CAS for 3 months more, does it will count under 8 year cap?
Will the home office issue visa if it has gone over 8 years ?(not continuously, i have break in studies).

Can my dependent apply along with me for 3 months extension visa if I get new CAS?

Topics merged!!!

Hellobro wrote: ↑

Wed Aug 07, 2019 9:46 pm

I have requested CAS from the International department at my University.
Met the department today, they told me they will be at risk their reputation if the UKVI does not issue my visa on the basis of the 8 YEARS cap.

See all my previous replies. The 8-year cap is not relevant because neither of your previous qualifications is a PhD or listed in Appendix 3. This is explained in paragraph 299 of the Tier 4 policy guidance, as you quoted in your original query.

Which university is this?

Hi
Queen Margaret University, Edinburgh. I do not understand why University is so worried and not understanding
Currently, I am in my 4th year PhD - not completed, requires an extra period of 4 to 6 months maximum to arrange my viva and corrections if any.

This happened to me on my PhD, an extension would have pushed me above the 8 years cap. I was freaked out, but the university visa office calmed me down, told me that it isn’t relevant to me at all.

I was granted not one but two extensions after the 8 years period, then a Tier 4 DES. Never an issue with home office.

Thank you so much for your input. I am still waiting to hear from my University and hoping to have positive news.
How long did you get you for extension period?
I just want another 6 months to arrange viva and correction hopefully.

I also wanted a 6 month extension for my viva and potential corrections, which took longer than I expected (hence a second extension).

I hope your university wouldn’t give you any more headaches... they’re clearly wrong about this.

Thanks.

I will update on the post of any progress.